Opinion
March 29, 1971
In this negligence action to recover damages for personal injuries, defendants Consolidated Edison Co., Equipment Rental Service, Inc., and George Torro appeal from a judgment of the Supreme Court, Kings County, entered May 15, 1970 in favor of plaintiff upon a jury verdict of $1,250,000 against them. (By an order of the same court dated August 4, 1970, the verdict and the judgment were vacated insofar as they were against defendant Czapala and the complaint as against him was dismissed; see separate decision rendered herewith on appeal from said order.) Judgment reversed, on the law, and new trial granted as against the appealing defendants, with costs to abide the event, unless, within 30 days after the entry of the order hereon, plaintiff shall serve and file a written stipulation in the office of the clerk of the trial court consenting to reduce to $700,000 the amount of the verdict in her favor and to the entry of an amended judgment accordingly, in which event the judgment, as so reduced and amended, is affirmed, without costs. The court has considered the questions of fact and has determined that it would not grant a new trial upon those questions. In our opinion, under all the circumstances of this case the verdict of $1,250,000 was excessive to the extent indicated herein (cf. Nestor v. Consolidated Edison Co. of N.Y., 23 A.D.2d 870, affd. 16 N.Y.2d 1025; Zaninovich v. American Airlines, 26 A.D.2d 155; Peterson v. State of New York, 37 Misc.2d 931, affd. 19 A.D.2d 860; Wolfe v. General Mills, 35 Misc.2d 996). Hopkins, Acting P.J., Shapiro, Gulotta, Christ and Brennan, JJ., concur.