Stanley M. Estrow, as Administrator of the Estate of Barbara E. Estrow, Deceased, Respondent-Appellant, v. John J. Wilson et al., Appellants, and Thomas F. Brown et al., Respondents

Stanley M. Estrow, as Administrator of the Estate of Barbara E. Estrow, Deceased, Respondent-Appellant, v. John J. Wilson et al., Appellants, and Thomas F. Brown et al., Respondents. [MAJORITY] Judgment, Supreme Court, New York County, entered March 27, 1974, unanimously modified, on the law and on the facts, and a new trial granted as to the plaintiff and defendants-appellants solely on the issue of damages, with $60 costs and disbursements of this appeal to abide the event, and otherwise affirmed, without costs or disbursements, unless the plaintiff administrator, within 20 days of service upon him by the defendants-appellants of a copy of the order entered hereon, serves and files in the office of the clerk of the trial court a written stipulation consenting to •reduce the verdict on the cause of action for pain and suffering to $75,000 and to reduce the verdict on the cause of action for wrongful death to $75,000 and to the entry of an amended judgment in accordance therewith, in which event the judgment as so amended and reduced, is affirmed, without costs or disbursements. In our opinion the amounts awarded by the jury to the plaintiff administrator were excessive and the verdict in excess of the amounts indicated is not warranted on this record. Concur — McGivern, P. J.-, Markewich, Lupiano and Tilzer, JJ.