Majority
In an action to recover damages for malicious prosecution, defendant appeals from (1) a judgment of the Supreme Court, Westchester County (Burchell, J.), entered June 21, 1981, after a jury trial, which is in favor of plaintiff in the principal amount of $150,000 ($50,000 as compensatory damages and $100,000 as punitive damages) and (2) an order of the same court, entered October 5, 1981, which, upon his motion, inter alia, to set aside the verdict, granted defendant a new trial unless plaintiff consented to a downward modification of the judgment to $25,000 compensatory damages and $50,000 punitive damages. Appeal from the judgment dismissed. Order modified, on the law and the facts, by further reducing the awards in plaintiff’s favor to $5,000 compensatory damages and $10,000 punitive damages, and by adding a provision that in the event plaintiff does not so consent, the new trial shall be limited to the issue of damages only. As so modified, order affirmed. Defendant is awarded