Opinion
May 11, 1967
Appeal from the Erie Trial Term.
Present — Bastow, J.P., Henry, Del Vecchio and Marsh, JJ.
Judgment and order unanimously reversed on the law and facts and a new trial granted, with costs to the appellant to abide the event, unless the plaintiff shall, within 10 days, stipulate to reduce the verdict to the sum of $50,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified is, together with the order, affirmed, without costs of this appeal to either party. Memorandum: We find the monetary award of the jury to be excessive in the light of the proof of plaintiff's damages.