Opinion
June 27, 1967
Judgment in favor of plaintiff unanimously reversed, on the law, the facts and in the exercise of discretion, without costs or disbursements, the verdict vacated and a new trial granted, unless within 20 days after service of a copy of the order herein, with notice of entry, plaintiff stipulates to accept $2,500 in lieu of the amount awarded by verdict, in which event the judgment as modified is affirmed, without costs or disbursements. In this personal injury negligence action it is clear that the amount of the verdict is grossly excessive and is not warranted on the record.
Concur — Steuer, J.P., Capozzoli, Tilzer, Rabin and McGivern, JJ.