What is the test for determining whether a per diem award is valid?

Generally, the method of that review is to evaluate whether the appealed award deviates materially from comparable awards. Donlon v. City of New York, 284 A.D.2d 13, 14 (1st Dept. 2001). For more than a decade appellate review has been performed by analogizing an appealed case with relevant precedent and "tightening the range" to accomplish the purposes of the 1986 reform. Donlon v. Citv of New York, 284 A.D.2d at 14. "Such a method cannot, due to the inherently subjective nature of non-economic awards, be expected to produce mathematically precise results, much less a per diem pain and suffering rate." Donlon v. Citv of New York, supra. This "task necessarily involves identification of relevant factual similarities and the application of reasoned judgment." Donlon v. Citv of New York, supra, at 14.