
    MacDonald G. Als, Respondent, v. Christopher Welch, Appellant.
   Judgment in favor of plaintiff unanimously reversed, on the law, on the facts and in the exercise of discretion, the verdict vacated and a new trial granted, with $50 costs and disbursements to defendant-appellant, unless plaintiff stipulates to accept $35,000 in lieu of the amount awarded by verdict, in which event the judgment is modified to that extent, and as so modified, affirmed with $50 costs and disbursements to defendant-appellant. In this personal injury negligence action, it is evident that the amount awarded by the' jury is grossly excessive and that a verdict in excess of the amount indicated is not warranted on this record. Settle order on notice. Concur — Botein, P. J., Steuer, Capozzoli, Tilzer and McNally, JJ.  