In so deciding we do not reach the question of actual or constructive notice as to said defendant. That part of the judgment in favor of plaintiff against defendant-appellant the City of New York and defendant-appellant-respondent Jacob Blumenson, as executor of the estate of Doris Blumenson, is reversed, on the law and on the facts, and a new trial granted, unless plaintiff stipulates to accept $40,000 in lieu of the award by verdict, in which event this part of the judgment...
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