Opinion
December 11, 1961
In a negligence action to recover damages for injuries sustained by plaintiff when the hi-lo vehicle operated by him went into a rut on a pier owned by defendant New York Dock Company and leased to defendant Thomas Jno. Brocklebank, Ltd., both defendants appeal from a judgment of the Supreme Court, Kings County, entered September 27, 1960, after trial, upon the jury's verdict of $15,000 in favor of the plaintiff. Judgment reversed on the facts, and a new trial granted, with costs to defendants to abide the event, unless, within 30 days after entry of the order hereon, plaintiff shall stipulate to reduce the verdict to $5,000, in which event the judgment, as so reduced, is affirmed, without costs. In our opinion the verdict was excessive. Nolan, P.J., Beldock, Ughetta, Pette and Brennan, JJ., concur.