Opinion
November 28, 1961
Judgment in favor of plaintiff Philip Fusco for $22,500 unanimously reversed, on the law, and on the facts, the verdict vacated, and a new trial granted, with costs to defendants-appellants, unless such plaintiff stipulates to accept $12,500 in lieu of the award by verdict in reduction of the judgment in which event the judgment is modified to that extent, and is affirmed as thus modified, with costs to defendants-appellants. In this personal injury negligence action it is evident that the jury verdict is grossly excessive in its award of damages, and that a verdict in excess of $12,500 is not warranted by the record. Settle order on notice.
Concur — Breitel, J.P., Valente, McNally, Steuer and Bastow, JJ.