Opinion
January 25, 1971
In a negligence action to recover damages for personal injuries, medical expenses and loss of consortium, defendant City of New York appeals, as limited by its brief, from so much of a judgment of the Supreme Court, Kings County, entered December 24, 1969, as is in favor of plaintiffs against said defendant, upon a jury verdict of $30,000 for plaintiff Alfonso Ferrentino and $200,000 for plaintiff Rose Ferrentino. Judgment insofar as it is in favor of plaintiff Alfonso Ferrentino modified, on the law, so as to allow interest only from October 24, 1969, the date of the verdict as to damages, and, as so modified it is affirmed, without costs. The findings of fact are affirmed. Judgment insofar as it is in favor of plaintiff Rose Ferrentino reversed, on the law, and, as between said plaintiff and defendant City of New York, action severed and new trial granted, solely on the issue of damages, with costs to abide the event, unless, within 30 days after entry of the order to be made hereon, said plaintiff shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in her favor to $150,000 and to the entry of an amended judgment accordingly, in which event said portion of the judgment, as so reduced and amended, is modified, on the law, so as to allow interest only from October 24, 1969, the date of the verdict as to damages, and as so modified it 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, the amount of the verdict in favor of plaintiff Rose Ferrentino was excessive to the extent indicated herein. Munder, Acting P.J., Martuscello, Shapiro, Brennan and Benjamin, JJ., concur.