Opinion
June 21, 1943.
Present — Close, P.J., Hagarty, Carswell, Adel and Taylor, JJ.
Action to recover damages for personal injuries and property damage as a consequence of the collision of two automobiles. Order setting aside the unanimous verdict of a jury in favor of plaintiff for $4,000 and granting a new trial unless plaintiff stipulate to reduce the same to $1,200, modified on the facts by providing that the verdict be set aside and a new trial granted unless plaintiff stipulate to reduce the verdict to $2,750. As thus modified, the order is unanimously affirmed, with costs to the appellant. Appellant's time to stipulate to reduce the verdict to $2,750 is extended until ten days after the entry of the order hereon. Defendant adduced no proof in respect of damages. The undisputed proof established that the plaintiff suffered special damages to the extent of $785. The balance or remaining sum of $415 would be wholly inadequate as compensation for pain and suffering and for two permanent disfiguring scars on plaintiff's face. The reduction should not have been to an amount less than $2,750. ( Coleman v. Brooklyn Queens Transit Corp., 252 App. Div. 215, 216; Tuthill v. deVries, 265 App. Div. 881; Dilg v. Board of Education, 254 App. Div. 689.)