Opinion
November 30, 1970
In a negligence action to recover damages for personal injuries, defendants appeal from a judgment of the Supreme Court, Queens County, entered October 16, 1969, in favor of plaintiff upon a jury verdict. Judgment reversed, on the law, and new trial granted, on the issue of damages only, with costs to abide the event, unless, within 30 days after entry of the order to be made hereon, plaintiff serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $100,000, and to the entry of an amended judgment accordingly, in which event the judgment, as so amended, is affirmed, without costs. In our opinion, the amount of the verdict is excessive to the extent indicated. It is also our opinion, however, that the finding on the issue of liability should be affirmed. The trial produced conflicting versions of the happening of the accident. The jury was not required to accept one of the versions and reject the others, but was free to consider all the evidence in the case (see Serra v. Bonofiglio, 26 A.D.2d 955). Munder, Acting P.J., Martuscello, Kleinfeld, Brennan and Benjamin, JJ., concur.