Majority
p. 666(May 26, 1964) Jean Montreer, Respondent, v. John B. Hewett et al., Appellants.
Judgment in favor of plaintiff, entered December 20, 1963, unanimously reversed on the law, on the facts and in the exercise of discretion, the verdict vacated and a new trial granted, with costs to defendants-appellants, unless plaintiff stipulates to accept, in lieu of the award by verdict, the sum of $12,488, in which event the judgment is modified to that extent, and as so modified, affirmed, with costs to defendants-appellants. In this personal injury negligence action, it is evident that the jury verdict is grossly excessive and not warrantéd on the record. Settle order on notice. Concur — Breitel, J. P., Stevens, Eager and Steuer, JJ.