Majority
p. 677Jacob Wahrhaftig, as Administrator of the Estate of Sadie Wahrhaftig, Deceased, Respondent, v. I. Howard Lehman et al., as Trustees in Reorganization of Surface Transportation Corporation of New York, Appellants, et al., Defendants.
Judgment, insofar as it awards plaintiff the sum of $4,500 with reference to the cause of action for conscious pain and suffering, unanimously affirmed. Insofar as the judgment awards plaintiff the sum of $48,000 damages for the wrongful death of the deceased, it is unanimously reversed on the ground of excessiveness and a new trial ordered, with costs to the appellants to abide the event, unless plaintiff stipulates to reduce the verdict to $35,000 in which event the judgment, as so modified is affirmed, without costs. Settle order on notice. Concur — Peck, P. J., Breitel, Prank, Valente and Bergan, JJ.