SHURGAN v. TEDESCO

Ordered that the interlocutory judgment is affirmed, with costs.

The infant plaintiff sustained permanent facial scarring following an attack by the defendants' dog, which was known to have vicious propensities. The uncontroverted evidence revealed that the plaintiff underwent two surgeries and would require two additional surgeries to attempt to repair his disfiguring facial scar.

The exercise of the discretion of a trial court over damage awards should be exercised sparingly (James v. Shanley, 73 A.D.2d 752). However, under the circumstances of this case, we find that the trial court properly set aside the jury's award of damages as inadequate since the award materially deviated from what would be reasonable compensation (see, CPLR 5501 [c]; Christopher v Great Atl. Pac. Tea Co., 76 N.Y.2d 1003; Byrd v. New York City Tr. Auth., 172 A.D.2d 579; Giglio v. Pignataro, 54 A.D.2d 556). Thompson, J.P., Sullivan, Harwood and O'Brien, JJ., concur.