Moskowitz v. Massachusetts Institute of Technology , 474 N.Y.S.2d 742 ( 1984 )

Fein, J. (dissenting).

I concur with Justice Alexander. I would add only that I find no basis for the majority’s determination that the judgment was excessive to the extent that it exceeded $5,000,000. A reduction to any intermediate figure between $5,000,000 and the award made by the jury might be premised upon the same basis and with equal justification. 11 The terrible injuries sustained by this plaintiff and the bleak future she faces, as outlined in Justice Alexander’s dissent, demonstrate that any quantification is subject to question. In such circumstances, I believe it is appropriate to rely upon the jury’s judgment.