Opinion
March 8, 1971
In an action to recover damages for wrongful death, brought inter alia under the Jones Act (U.S. Code, tit. 46, § 688), defendants Brookfield Construction Co. and Baylor Construction Corp. appeal from a judgment of the Supreme Court, Suffolk County, entered July 1, 1970 in favor of plaintiff and against them, upon a jury verdict of $225,000. Judgment reversed, on the law, and new trial granted, with costs to abide the event, unless within 20 days after service of a copy of the order to be entered hereon, plaintiff shall serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $150,000 and to the entry of an amended judgment in accordance therewith, in which event the judgment, as so amended, is affirmed, without costs. In our opinion, the amount awarded by the jury was excessive to the extent indicated herein. Rabin, P.J., Martuscello, Shapiro, Christ and Brennan, JJ., concur.