Jeanette McLaughlin, Respondent, v Mobil Oil Corporation et al., Defendants and Third-Party Plaintiffs-Appellants. Michael McLaughlin, Third-Party Defendant-Respondent.
[MAJORITY]
In a negligence action to recover damages for personal injuries, defendants third-party plaintiffs appeal from a judgment of the Supreme Court, Orange County, dated September 19, 1979, which, after a jury trial, (1) awarded plaintiff damages against them in the principal sum of $105,000, and (2) determined that defendants were entitled to recover only 50% thereof from the third-party defendant. Judgment affirmed, with one bill of. costs payable jointly to respondents. No opinion. Mollen, P. J., Titone and Mangano, JJ., concur.
[DISSENT — Hopkins and Cohalan, JJ.,]
Hopkins and Cohalan, JJ.,
dissent and vote to reverse the judgment and grant a new trial, limited to the issue of damages only, unless plaintiff stipulates in writing to reduce the verdict in her favor to $65,000, with the following memorandum: In our opinion, the verdict as to damages was excessive to the extent indicated.