Opinion
July 10, 1967
Judgment of the Supreme Court, Kings County, dated January 27, 1967, reversed on the facts, and new trial granted, with costs to abide the event, unless, within 30 days after entry of the order hereon, plaintiff shall serve and file a written stipulation consenting to reduce the amount of the verdict in his favor against defendant from $300,000 to $200,000 and to the entry of an amended judgment accordingly, in which event the judgment, as so reduced and amended, is affirmed, without costs. In our opinion, the verdict was excessive to the extent indicated. Brennan, Acting P.J., Rabin, Hopkins, Benjamin and Munder, JJ., concur.