Opinion
February 20, 1973
In a negligence action to recover damages for personal injuries sustained by plaintiff Bernard Tecuceanu and for loss of consortium, etc., sustained by his wife, plaintiffs Tecuceanu appeal, on the ground of inadequacy, from so much of a judgment of the Supreme Court, Kings County, entered May 16, 1972, as is against defendants upon a jury verdict of $20,000 for plaintiff Bernard Tecuceanu and $2,500 for plaintiff Miriam Tecuceanu. Judgment affirmed insofar as appealed from, without costs. No opinion. Gulotta, Christ and Benjamin, JJ., concur; Hopkins, Acting P.J., and Brennan, J., dissent and vote to reverse the judgment insofar as appealed from and to grant a new trial between plaintiffs Tecuceanu and defendants on the issue of damages only, with the following memorandum: In our opinion, the conduct of counsel on the trial so obscured the merits of the case that a new trial is required in the interests of justice.