Opinion
February 23, 1998
Appeal from the Supreme Court, Nassau County (Adams, J.).
Ordered that the order and judgment is modified by deleting the provision thereof which awarded the plaintiffs damages in the sum of $200,000; as so modified, the order and judgment is affirmed insofar as appealed and cross-appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Nassau County, for a new trial as to damages.
While we agree with the Supreme Court that the damage award was excessive, we find no support in the record for the amount fixed by the court. In addition, we note that it was procedurally improper for the court to enter a judgment reducing the award of damages without ordering a new trial on the issue of damages unless the plaintiffs stipulated to reduce the verdict ( see, CPLR 4404 [a]; Hastings v. Jonathan Cass, Inc., 213 A.D.2d 595; Anderson v. Stephen M. Donis, D.P.M., P.C., 150 A.D.2d 414).
Miller, J.P., Ritter, Pizzuto and Altman, JJ., concur.