Opinion
October 21, 1965
Appeal from the Monroe Trial Term.
Present — Williams, P.J., Bastow, Goldman, Henry and Del Vecchio, JJ.)
Judgment and order insofar as they are in favor of defendant Adams unanimously affirmed, without costs of this appeal to either party. Judgment insofar as it is in favor of plaintiff Moyer against defendant Mastroe unanimously reversed on the facts and a new trial granted on the issue of damages only, unless the defendant shall, within 10 days, stipulate to increase the verdict to the sum of $12,000, as of the date of the rendition thereof, in which event, the judgment is modified accordingly and, as so modified is, together with the order, affirmed, without costs of this appeal to either party. Memorandum: The verdict in favor of plaintiff Moyer was inadequate. Under the facts here present we find no error in the court's exclusion of expert testimony respecting the expense of employing a housekeeper.