Judgment reversed on the law and the facts, with costs to plaintiff, and new trial granted, unless, within 30 days after entry of the order hereon, defendant shall serve and file a written stipulation consenting to increase the verdict from $2,580 to $3,750 and to a modification of the judgment accordingly. In the event such stipulation be served and filed, then the judgment as thus increased and modified is affirmed, without costs.
In our opinion, under all the circumstances...
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