Appellate Division of the Supreme Court of the State of New York April 26, 1971 (Mastropolo v. John Lowry, Inc.)

Concur—-McNally, Steuer and Tilzer, JJ.; Markewich, J. P., and Nunez, J., dissent in the following memorandum: We would affirm. The trial court reduced the jury’s verdict in plaintiff’s favor from $85,000 to $40,000. Plaintiff sustained a complete fracture of the transverse process of the third lumbar vertebra. His accrued special damage at -the time of trial was about $5,000.