Judgment unanimously reversed, on the facts, and a new trial granted, with costs to abide the event, unless the plaintiff shall, within 10 days, stipulate to reduce the verdict by the sum of $5,875, as of the date of the rendition thereof, in which event the judgment is modified accordingly and as modified affirmed, without costs.
Memorandum:
Defendant Pisciotti appeals from a judgment of Supreme Court in the amount of $40,359.64 rendered upon a jury verdict...
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