Judgment, Supreme Court, New York County, entered March 22, 1973, in favor of the plaintiff in the amount of $32,000, reversed on the law and on the facts and a new trial directed solely on the issue of damages, with $60 costs and disbursements of this appeal to abide the event, unless the plaintiff-respondent within 20 days of service upon her by the defendant-appellant of a copy of the order entered herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict, and to the entry of an amended judgment in the amount of $15,000. If the plaintiff-respondent consents to the reduction, the judgment as so amended and reduced is affirmed without costs and without disbursements. Plaintiff, while using a private walk required to be maintained by the defendant, New York City Housing Authority, fell and was injured. The evidence adduced further showed that, while a supervisory employee knew of the condition, no steps were taken to ameliorate the hazard known to be present. This failure to act presented a jury question (Goslin v. Nine Platt Corp., 39 A D 2d 986, mot. for lv. to app. den. 31 N Y 2d 643), which question was decided in favor of the plaintiff. However, the damages assessed were excessive and we have conditioned an affirmance on the consent of the plaintiff to a reduction of the verdict as indicated. Concur—Nunez, J. P., Capozzoli and Lane, JJ.; Steuer and Lynch, JJ., dissent in the following memorandum by Steuer, J.: In our opinion plaintiff failed to show any negligence on the part of defendant. We assume plaintiff fell on a private walk which traversed part of the property operated by defendant. There is some conflict in the testimony as to where plaintiff fell, but there was ample evidence that she fell on the walk and that the jury so found is implicit in the verdict. The
