Opinion
October 26, 1970
Judgment of the Supreme Court, Kings County, entered November 12, 1969, reversed, on the law and the facts, and a new trial granted, solely on the issue of the amount of damages, with costs to abide the event, unless within 30 days after entry of the order hereon plaintiff shall serve and file in the office of the Clerk of the trial court a written stipulation consenting to reduce the verdict to $32,500, in which event the judgment, as so reduced and amended, is affirmed, without costs. In our opinion the issues with respect to the release were properly presented to the jury ( Brown v. Manshul Realty Corp., 271 App. Div. 222, affd. 299 N.Y. 618; Farrington v. Harlem Sav. Bank, 280 N.Y. 1) and the jury verdict was not contrary to the weight of the credible evidence, but the verdict was excessive to the extent indicated herein. Christ, P.J., Hopkins, Latham, Kleinfeld and Brennan, JJ., concur.