The award of $75,000 on the record before this court is excessive. Accordingly the judgment appealed from is unanimously modified, in accordance with the provisions of subdivision 2 of section 584 of the Civil Practice Act, by reducing the award to $50,000 (see Leonard v. Frantz Co., 268 App. Div. 144, 148). The judgment appealed from is modified accordingly and, as so modified, affirmed, without costs. Settle order on notice.
Concur — Botein, J.P., Rabin, Frank, Valente and McNally, JJ.