Judgment, insofar as appealed from (1) affirmed insofar as it dismissed the third-party complaint, with costs to the third-party defendant-respondent; and (2) reversed on the facts, insofar as it is in plaintiff's favor; main action severed and a new trial thereof granted, with costs to abide the event, unless, within 30 days after entry of the order herein, plaintiff shall serve and file a written stipulation consenting to reduce from $50,000 to $40,000 the amount of the...
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