Opinion
February 18, 1960
Judgment unanimously reversed, on the facts, on the ground of excessiveness of the verdict and a new trial ordered, with costs to defendant-appellant, unless the plaintiff stipulates to reduce the verdict to the sum of $40,000, in which event the judgment, as so modified, is unanimously affirmed, with costs to defendant-appellant. Settle order on notice.
Concur — Botein, P.J., Breitel, Rabin, M.M. Frank and Stevens, JJ.