Opinion
May 25, 1967
Judgment in favor of plaintiff unanimously reversed, on the law, on the facts and in the exercise of discretion, the verdict vacated and a new trial granted, without costs or disbursements on this appeal, unless plaintiff stipulates to accept $8,000 in lieu of the award by verdict, in which event the judgment is modified to that extent and is affirmed as thus modified, without costs or disbursements on this appeal. It is obvious that any verdict in excess of $8,000 is not justified on this record and that the award by verdict was highly excessive. Settle order on notice.
Concur — Steuer, J.P., Capozzoli, Tilzer, Rabin and McGivern, JJ.