Order and judgment unanimously reversed, on the facts, with costs, and a new trial granted on the issue of damages only unless defendant shall, within 10 days of service of a copy of the order herein with notice of entry thereof, stipulate to reduce the verdict to $8,250.75 in which case the judgment is modified accordingly and, as modified, affirmed, without costs.
Memorandum:
This action arose out of a construction subcontract for the erection, leveling...
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