Opinion
May 18, 1998
Appeal from the Supreme Court, Kings County (Hutcherson, J.).
Ordered that the judgment is modified, on the facts and as a matter of discretion, by awarding the plaintiff the principal sums of $300,000 for past pain and suffering and $150,000 for future pain and suffering; as so modified, the judgment is affirmed, with costs to the respondent.
The court did not err in issuing a missing-witness charge regarding an employee of the defendant who was not called to testify ( see, People v. Gonzalez, 68 N.Y.2d 424; Jasmin v. Raju, 231 A.D.2d 605).
Although the plaintiff is a respondent on this appeal, his stipulation to accept the trial court's reduction of the damage awards entitles him to request full or partial reinstatement up to the sum voted by the jury ( see, CPLR 5501 [a] [5]; Papa v. City of New York, 194 A.D.2d 527). The awards are increased to the extent indicated herein.
The parties' remaining contentions are without merit.
Friedmann, J.P., Goldstein, Florio and Luciano, JJ., concur.