concur. Ordered that the judgment is modified, on the law, without costs, by reversing so much thereof as provided for a reduction of the verdict in the amount of $38,977.94; the verdict of $307,923 is reduced by the sum of $42,967.10, resulting in a judgment for plaintiff, after the addition of costs and disbursements as set forth therein, of $265,905.70, plus interest at 9% from March 20, 1998; and, as so modified, affirmed. .