Vincent D. Urban, an Infant, by Vincent P. Urban, His Guardian ad Litem, et al., Respondents, v. Dominic J. Ravida et al., Appellants, et al., Defendant

Vincent D. Urban, an Infant, by Vincent P. Urban, His Guardian ad Litem, et al., Respondents, v. Dominic J. Ravida et al., Appellants, et al., Defendant. [MAJORITY] Appeal by defendants-appellants Ravida from an order of Supreme Court, Albany County, setting aside a verdict for $375 in favor of infant plaintiff on the ground of inadequacy and directing a new trial of the infant’s action severed from the other above-entitled actions. The infant’s injuries consisted of a fracture through the shaft of the collarbone on the right side with an upward angulation of about thirty degrees and an impaction of the under surface of the fracture with a noticeable deformity. There were also bruises and contusions over the shoulder and at the base of the neck. The arm was immobilized for five weeks by means of a clavicle belt and in a sling for several weeks thereafter. Use of the arm and shoulder was regained without residual damage, except a slight deformity due to a callous formation, probably temporary in character. The trial court properly exercised his authority in setting the verdict aside as so inadequate as to shock his conscience. Order unanimously affirmed, with $10 costs and disbursements. Present — Foster, P. J., Bergan, Coon, Halpern and Imrie, JJ.