Judgment and order reversed on the facts and a new trial granted, with costs to the plaintiff to abide the event, unless the defendant shall, within 10 days, stipulate to increase the verdict to the sum of $10,000, as of the date of the rendition thereof, in which event the judgment is modified accordingly and, as so modified is, together with the order, affirmed, without costs of these appeals to either party.
Memorandum:
Upon the proof in this case the verdict...
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