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GILBERT v. CITY OF NEW YORK

40 A.D.2d 516 (1972)

Millie Gilbert, as Administratrix of The Estate of Edward Gilbert, Deceased, Respondent, v. City of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

July 5, 1972

Judgment reversed, on the law, and new trial granted, with costs to abide the event, unless, within 20 days after service of a copy of the order to be entered hereon, with notice of entry, plaintiff serve and file in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict to $7,500 and to the entry of an amended judgment accordingly, in which event the judgment, as so reduced and amended, is affirmed, without costs.

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