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JOHN EHRHARDT, Appellant, v. MICHAEL TRAVERS, Respondent.

In a negligence action to recover damages for personal injuries, plaintiff appeals from an order of the Supreme Court, Rockland County, dated June 11, 1969, which set aside a jury verdict in his favor for $36,000 and granted a new trial on the issue of damages, unless he would stipulate to reduce the verdict to $7,500. Order modified by striking therefrom the figure "$7,500." in the two places it appears therein and substituting therefor the figure "$10,000". As so modified, order affirmed, with costs to appellant. The time within which plaintiff may stipulate to reduce the verdict, i.e., to the amount of $10,000, is extended until 20 days after entry of the order hereon. In our opinion, the condition to stipulate to reduce the verdict was not warranted as to the amount to the extent indicated herein. Munder, Acting P.J., Martuscello, Latham, Kleinfeld and Benjamin, JJ., concur.

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EHRHARDT v. TRAVERS
(Jul 2, 1970)