ORDERED that the judgment is modified, as a matter of discretion, by deleting therefrom the award of damages for conscious pain and suffering in the sum of $1,146,000 and the awards of damages for wrongful death to Jude Gibbs, Andrew Gibbs, Anna Lawler, Michael Gibbs, Dorothy Olsen, and Frances Awad, and a new trial on the issue of those damages only is granted; as so modified, the judgment is affirmed insofar as appealed from, with costs to the appellants, 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 decrease the awards of damages for conscious pain and suffering from the sum of $1,146,000 to $700,000 and to decrease the award of damages for wrongful death from the sum of $350,000 to $60,000 to Jude Gibbs, from the sum of $150,000 to $25,000 to Andrew Gibbs, and from the sums of $60,000 to $25,000 each to Anna Lawler, Michael Gibbs, Dorothy Olsen, and Frances Awad. In the event that the plaintiff so stipulates, then the judgment, as so decreased and amended, is affirmed insofar as appealed from, without costs or disbursements. The order dated February 18, 1998, is modified accordingly.
In evaluating whether an assessment of damages is excessive or inadequate, this court must determine whether it "deviates materially from what would be reasonable compensation" (CPLR 5501[c]; see, Christopher v. Great Atl. Pac. Tea Co., 76 N.Y.2d 1003 ; Loehner v. Simons, 239 A.D.2d 468 ; Campbell v. Driscoll, 190 A.D.2d 771 ; Rivera v. City of New York, 170 A.D.2d 591 ; Murphy v. A. Louis Shure, P.C., 156 A.D.2d 85 ). The damages awarded for the conscious pain and suffering endured by the plaintiff's decedent is excessive to the extent indicated.
In addition, the award for pecuniary loss to the decedent's adult children Jude Gibbs, Andrew Gibbs, Anna Lawler, Michael Gibbs, Dorothy Olsen, and Frances Awad is excessive to the extent indicated (see, Gonzalez v. New York City Hous. Authority, 77 N.Y.2d 663 ;Rubin v. Aaron, 191 A.D.2d 547 ).
ALTMAN, J.P., H. MILLER, SCHMIDT, and SMITH, JJ., concur.
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