Opinion
April 1, 1985
Appeal from the Supreme Court, Kings County (Pizzuto, J.).
Judgment modified, on the facts, by deleting the provision in favor of plaintiff on the causes of action for conscious pain and suffering and wrongful death and substituting a provision therefor granting a new trial with respect thereto, limited to the issue of damages only, unless plaintiff shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to reduce the verdict in his favor on the cause of action for conscious pain and suffering to $35,000 and on the cause of action for wrongful death to $300,000, and to the entry of an amended judgment accordingly. As so modified, judgment affirmed, with costs to plaintiff. Plaintiff shall serve and file the stipulation within 20 days after service upon him of a copy of the order to be made hereon, with notice of entry. In the event, plaintiff so stipulates, then the judgment, as so reduced and amended, is affirmed, with costs to plaintiff.
The verdict was excessive to the extent indicated. We have considered defendant's other contentions and find them to be without merit. Weinstein, J.P., Brown, Niehoff and Lawrence, JJ., concur.