Hedgepeth v. Merz ( 1987 )

Casey, J.

Appeal from an order of the Supreme Court (Fischer, J.), entered July 25, 1986 in Broome County, which granted defendant’s motion to set aside a verdict rendered in favor of plaintiff, and granted a new trial unless plaintiff stipulates to a reduced verdict.

Since defendant has not appealed, the only issue to be decided is whether Supreme Court erred in setting aside the verdict in favor of plaintiff unless plaintiff stipulates to accept a reduction in the amount of the verdict from $150,000 to $80,000. Plaintiff presented expert proof that he had suffered psychic and emotional damage which affected his ability to enter into and maintain intimate relationships. One of the experts testified that "[t]o some extent the damage is permanent”, and he opined that future therapy for plaintiff would cost some $6,000 per year for the first two to four years and $2,000 to $2,500 per year thereafter. The record, however, established that therapy had cost plaintiff $700 to the date of trial, and that plaintiff has been productively employed, has been attending school and has entered into an intimate relationship with another woman. The record as a whole supports Supreme Court’s decision and its order should be affirmed.

Order affirmed, with costs. Main, J. P., Casey and Yesawich, Jr., JJ., concur.