Opinion
December, 1934.
Action to recover damages for personal injuries resulting from a collision between a motorcycle driven by plaintiff and an automobile owned by defendant and operated by a third party with his permission. Appeal from judgment in plaintiff's favor. Judgment reversed on the facts and a new trial granted, costs to appellant to abide the event, unless within ten days from the entry of the order herein and service of a copy thereof upon the attorney for the respondent, the respondent stipulate to reduce the verdict to the sum of $11,903, by deducting therefrom the amount of the hospital bills, amounting to $1,075; in which event the judgment as so modified is unanimously affirmed, without costs. Unpaid bills from the hospitals, in the absence of proof that the charges were reasonable, were incompetent. ( Gumb v. Twenty-third Street R. Co., 114 N.Y. 411; Parilli v. Brooklyn City R.R., 236 App. Div. 577.) Lazansky, P.J., Hagarty, Carswell, Tompkins and Davis, JJ., concur.