Judgment unanimously reversed, on the facts, without costs, and new trial granted on the issue of damages only unless plaintiff shall within 10 days of the entry of the order herein stipulate to reduce the verdict to $40,000 in which case the judgment is modified accordingly and, as modified, affirmed, without costs of this appeal to either party.
Memorandum:
On September 25, 1972, David Lewis, nearly 10 years of age, died in an accident in which the defendants...
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