Opinion
March 3, 1952.
In an action to recover damages for personal injuries allegedly suffered by plaintiffs as the result of the negligence of the defendants in the operation of an automobile, defendants appeal from a judgment of the City Court of Mount Vernon in favor of plaintiffs, entered on the verdict of a jury. Judgment reversed on the facts and a new trial ordered, with costs to appellants to abide the event. In our opinion the verdicts were excessive. Defendants moved for a new trial shortly after the trial herein, upon the ground of newly discovered evidence, and have appealed separately from the order denying that motion. In view of our disposition of the appeal from the judgment, the questions raised by the appeal from the order are academic and that appeal is therefore dismissed, without costs. Nolan, P.J., Carswell, Adel, Wenzel and Schmidt, JJ., concur.