While we agree with the Trial Justice's modification of the jury's award of damages, the plaintiffs should be afforded the opportunity to either agree or to have a new trial limited to the appropriate issue. (See Wolf v. Trans World Airlines, 98 A.D.2d 697.) We now provide that opportunity.

Although the cases point out that it would be error for the court to usurp the jury's function by unconditionally substituting a different award, it appears clear that the proper procedure is to direct a new trial on damages unless the plaintiff agrees to remit to the court the amount found excessive (Kupitz v. Elliott, 42 A.D.2d 898; Ferro v. Maline, 31 A.D.2d 779), or unless the defendant stipulates to an increased award (Ladd v Parkhurst, 87 A.D.2d 971; Wolf v. Trans World Airlines, 98 A.D.2d 697).