Opinion
June 22, 1989
Appeal from the Supreme Court, Bronx County (David Levy, J.).
Defendants argue, in part, and plaintiff concedes that loss of enjoyment of life may not be considered as a category of damages separate from pain and suffering (Nussbaum v. Gibstein, 73 N.Y.2d 912; McDougald v. Garber, 73 N.Y.2d 246). Since the jury herein awarded plaintiff the sum of $250,000 for pain and suffering, he was not entitled to receive an additional $50,000 as separate damages for loss of enjoyment of life. We have reviewed defendants' other contentions and find them to be without merit.
Concur — Ross, J.P., Carro, Milonas, Wallach and Rubin, JJ.