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Rakower, J.), entered December 14, 2009, insofar as appealed from as limited by the briefs, upon a jury --- N.Y.S.2d ----, 2011 WL 722763 (Mem), 2011 N.Y. Slip Op. 01603 verdict, awarding plaintiff $350,000 for past pain and suffering and $275,000 for future pain and suffering for 55.4 years, unanimously affirmed, without costs. This opinion is uncorrected and subject to revision The 22-year-old plaintiff suffered a trimalleolar fracture before publication in the printed Official Reports. of her right ankle when she tripped and fell on a section of cracked and raised concrete in a subway station. She has Meghan Hopkins, Plaintiff-Respondent, endured two painful surgeries, one open insertion to v. repair her broken bones by means of a metal plate and New York City Transit Authority, Defendant- screws, and a second to remove the surgical hardware. Appellant. She can no longer run or participate in sports and continues to have pain. Early signs of arthritis, which is likely to further restrict her motion and activities, have been detected in her ankle, which may require an OPINION additional surgery. Under these circumstances, the amounts awarded for past and future pain and suffering 4433 115489/06 do not deviate materially from what is reasonable Supreme Court, Appellate Division, First compensation (see e.g. Colon v New York Eye Surgery Department, New York Assoc., P.C., 77 AD3d 597 ; Ruiz v Hart Elm Decided on March 3, 2011 Corp., 44 AD3d 842 ; Rydell v Pan Am Equities, 262 AD2d 213 ; Po Yee So v Wing Tat Realty, 259 Mazzarelli, J.P., Acosta, DeGrasse, Richter, Manzanet- AD2d 373 ; CPLR 5501[c]). Daniels, JJ. THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, APPEARANCES OF COUNSEL FIRST DEPARTMENT. Wallace D. Gossett, Brooklyn (Anita Isola of counsel), ENTERED: MARCH 3, 2011 for CLERK appellant. Fischer and Burnstein, P.C., Kew Gardens (Steven Copr. (c) 2011, Secretary of State, State of New York Herschkowitz of counsel), for respondent. Judgment, Supreme Court, New York County (Eileen A. . 1
"Hopkins v New York City Transit Authority"