Ordered that the judgment is reversed insofar as appealed from, on the facts and as an exercise of discretion, without costs or disbursements, and a new trial is granted on the issue of damages only, unless within 20 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 to the principal sum of $2,785,600 and to reduce the damages payable by the New York City Transit Authority to $2,646,320, which represents its proportionate share of those damages, and to the entry of an amended judgment accordingly; in the event the plaintiff so stipulates, then the judgment, as so reduced and amended, is affirmed insofar as appealed from, without costs or disbursements.
The plaintiff's legs were severed by a New York City Transit Authority subway train after he fell from a station platform. After a jury trial which found the defendant 95% at fault in the happening of the accident, the jury assessed the plaintiff's damages at $61,226,000. The trial court granted the defendant's motion to set aside the verdict, inter alia, to the extent of directing a new trial limited to the issue of damages, unless the plaintiff stipulated to a reduction of the verdict to the sum of $5,000,000, of which $3,445,000 was for pain and suffering. The plaintiff so stipulated.
The trial court erred in reducing the award for future housekeeping expenses to $120,000. That award, we conclude, should be $400,000. We affirm the reduction by the trial court of the damages set for future medical expenses to $500,000. The plaintiff concedes that the trial court erred in increasing the amount awarded for future lost wages from $150,000 to $500,000, and that the award should be reduced to $150,000, the amount awarded by the jury. The award for future and past pain and suffering, as reduced by the trial court, was excessive to the extent that it exceeded $1,300,000, for which we assign $400,000 for past pain and suffering and $900,000 for future pain and suffering (see, Grcic v. City of New York, 139 A.D.2d 621; CPLR 5501 [c]). Together with the stipulated $313,000 in past medical expenses, $85,000 in past loss of wages and $37,600 in future transportation expenses, the total damages should be $2,785,600, 95% of which is $2,646,320. Rosenblatt, J.P., O'Brien, Ritter and Copertino, JJ., concur.