Opinion
May 20, 1971
Appeal from a judgment of the Supreme Court, entered in Albany County, on a verdict rendered at a Trial Term in favor of the respondent, and from an order denying appellant's motions to dismiss and to set aside the verdict. The evidence fairly presented issues of fact with respect to liability and damages which were resolved by the jury in favor of the respondent. We find no reason to disturb the verdict except that we find the amount of the damages excessive. Judgment and order reversed, on the law and the facts, and a new trial ordered, unless within 20 days of the service of a copy of the order to be entered herein respondent shall stipulate to reduce the verdict to $75,000, in which event the judgment as modified is affirmed, without costs. Herlihy, P.J., Staley, Jr., Cooke, Sweeney and Simons, JJ., concur.