Opinion
July 10, 1967
Judgment of the Supreme Court, Kings County, entered July 11, 1966 (a) affirmed, without costs, insofar as it is in favor of the defendant, Charles Schad, Inc.; and (b) reversed, on the facts, insofar as it is in favor of plaintiff and against defendant, Associated Church Arts, action severed and new trial granted as between plaintiff and said defendant, with costs to abide the event, unless, within 30 days after entry of the order hereon, plaintiff shall serve and file entry of the order hereon, plaintiff shall serve and file a written stipulation consenting to reduce the amount of the verdict in his favor from $135,000 to $85,000 and to the entry of an amended judgment accordingly, in which event the judgment, as so reduced and amended and insofar as it is against the defendant Associated Church Arts, is affirmed, without costs. In our opinion, the verdict was excessive to the extent indicated. Beldock, P.J., Ughetta, Brennan, Hopkins and Munder, JJ., concur. [ 49 Misc.2d 1059; 50 Misc.2d 418.]