Opinion
June 27, 1967
Judgment in favor of plaintiff unanimously reversed, on the law, the facts and in the exercise of discretion, the verdict vacated and a new trial granted, with one bill of costs and disbursements to appellants, unless within 20 days after service of a copy of the order herein, plaintiff stipulates to accept $10,000 in lieu of the award by verdict, in which event the judgment is modified to that extent and as modified is affirmed, without costs or disbursements. In this personal injury negligence action it is clear that the verdict is excessive and not warranted on the record. That the verdict is excessive is demonstrated by the fact that the record as regards damages is practically the same as it was on the prior trial; and that the verdict there, which was about half the present verdict, was considered adequate by the court and not complained of by the plaintiff.
Concur — Steuer, J.P., Capozzoli, McNally, McGivern and Witmer, JJ.