Opinion
July 5, 1967
Defendant Leo Schumer appeals from so much of a judgment of the Supreme Court, Kings County, entered April 7, 1966 and resettled by an order of said court dated May 4, 1966, as is in favor of plaintiff against him, upon a jury verdict. Judgment reversed insofar as appealed from, on the law and the facts, new trial granted as to defendant Schumer, with costs to abide the event, and action severed accordingly, unless, within 30 days after entry of the order hereon, plaintiff shall serve and file a written stipulation consenting to reduce the amount of the verdict in his favor against said defendant from $500,000 to $350,000 and to the entry of an amended judgment accordingly, in which event the judgment, as so reduced and amended, is affirmed insofar as appealed from, without costs. In our opinion, the verdict against defendant Schumer was excessive to the extent indicated. Christ, Acting P.J., Rabin, Benjamin, Munder and Nolan, JJ., concur.