Judgment in favor of plaintiff in the sum of $12,743 and dismissing third-party complaint unanimously modified, on the law and on the facts, to vacate and sever so much of the judgment as grants recovery to plaintiff and grant a new trial, with costs to defendant-appellant, unless plaintiff stipulates to accept $7,000 in lieu of the award by verdict, in which event the judgment so modified is affirmed, with costs to defendant-appellant, and costs to third-party defendant...
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