60 A.D.2d 824 | N.Y. App. Div. | 1978
Judgment, Supreme Court, New York County, entered May 28, 1976, on a jury verdict in a wrongful death action, awarding plaintiff the sum of $931.50, is unanimously modified, on the law and the facts, to the extent of reversing the judgment so far as it denies any damages for the benefit of the children and a new trial is directed solely on the issue of damages for the benefit of the children only, and otherwise affirmed, unless within 20 days after service upon defendants of a copy of the order entered hereon, with notice of entry, defendants serve and file in the office of the clerk of the trial court a written stipulation consenting to increase the verdict by the sum of $10,000 (to which shall be added interest as directed by EPTL 5-4.3), for the benefit of the children, and to the entry of an amended judgment in accordance therewith. If defendants so stipulate, the judgment, as modified, is unanimously affirmed. No costs are awarded. An earlier trial resulted in a judgment for $130,000 which this court reversed as excessive, directing a new trial as to damages only, unless plaintiff should stipulate to reduce the verdict to $50,000 (46 AD2d 747). Plaintiff failed to so stipulate; a new trial was held; and on that new trial, the recovery was only