Opinion
April 12, 1949.
Present — Glennon, J.P., Dore, Cohn, Callahan and Shientag, JJ.
Judgment, so far as appealed from, unanimously modified by reversing and ordering a new trial with respect only to that part of the judgment which awards $60,000 to plaintiff James McCormack, administrator of Thomas McCormack, deceased, on the cause of action for personal injuries, pain and suffering of decedent to the date of death, with costs to the appellants to abide the event, unless said plaintiff stipulates to reduce such part of said judgment to $30,000 in which event such part of said judgment, as so modified, is affirmed, without costs; in all other respects the judgment, so far as appealed from, is unanimously affirmed. Settle order on notice.