Opinion
April 15, 1971
Judgment, Supreme Court, New York County, entered on March 16, 1970, in favor of the plaintiff in the sum of $951,059.56, unanimously reversed, on the law and on the facts, the judgment vacated, and a new trial granted, with costs to abide the event, unless plaintiff, within 20 days of service upon him by defendant of a copy of the order herein, stipulates to accept $600,000 in lieu of the award by verdict, in which event the judgment as so reduced and amended, is affirmed, without costs and without disbursements. It is our opinion that the award by verdict of $950,000 was excessive and is not supported by the record.
Concur — Stevens, P.J., Capozzoli, McGivern, Kupferman and McNally, JJ.