PRIESTER v. CITY OF NEW YORK

DECISION ORDER

ORDERED that the judgment is modified, on the facts and as a matter of discretion, by deleting the provision thereof awarding the plaintiff damages for future medical expenses and substituting therefor a provision granting a new trial on that issue; as so modified, the judgment is affirmed, with costs to the defendant, unless within 30 days after service upon the plaintiff of a copy of this decision and order with notice of entry, the plaintiff shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to reduce the verdict as to damages for future medical expenses from the sum of $121,000 to the sum of $75,000, and to the entry of an amended judgment accordingly; in the event that the plaintiff so stipulates, then the judgment, as so reduced and amended, is affirmed, without costs or disbursements.

The plaintiff slipped and fell on an ice-covered sidewalk near her home. The plaintiff offered evidence from two eyewitnesses, and an expert, demonstrating that the portion of the sidewalk on which the plaintiff fell had been covered with ice from snow storms that occurred more than three weeks before the accident. Thus, the jury could rationally have found that the defendant had an adequate opportunity to remedy the dangerous condition, but failed to do so within a reasonable time (see, Bernstein v. City of New York, 69 N.Y.2d 1020; Chapman v. City of New York, 268 A.D.2d 498; Maldonado v. New York City Tr. Auth., 261 A.D.2d 515; Candelier v. City of New York, 129 A.D.2d 145).

The verdict as to damages for future medical expenses deviated materially from what would be reasonable compensation (see, CPLR 5501[c]).

The defendant's remaining contentions are without merit.