Determination of the Appellate Term unanimously reversed, on the law and on the facts, with costs and disbursements to appellant in that court and judgment granted in favor of plaintiff, entered February 9, 1966, reversed on the law, on the facts and in the exercise of discretion, the verdict vacated and a new trial granted, with $50 costs and disbursements to defendant-appellant unless plaintiff stipulates to accept $3,000 in lieu of the amount awarded by verdict, in which...
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