Opinion
March 27, 1962
Judgment in favor of the infant plaintiff and his father, for $45,288.40 and $3,758.14 respectively, unanimously reversed, on the law, on the facts and in the exercise of discretion, the verdict vacated and a new trial granted, with costs to defendants-appellants unless plaintiffs stipulate to accept $35,000 in the infant's action and $2,750 in the parent's action, in lieu of the award by verdict, in which event the judgment is modified to that extent, and is affirmed as thus modified, with costs to defendants-appellants. In this personal injury negligence action it is evident that the jury verdict is grossly excessive in its award of damages and that a verdict in excess of the amounts indicated herein is not warranted by the record. Settle order on notice.
Concur — McNally, J.P., Stevens, Eager, Steuer and Bastow, JJ.