Ordered, that the judgment is reversed insofar as appealed from, on the facts, and in the exercise of discretion with costs, and a new trial is granted on the issue of damages only, unless within 30 days after service upon him of a copy of this decision and order, with notice of entry, the defendants third-party plaintiffs shall serve and file in the office of the Clerk of the Supreme Court, Putnam County, a written stipulation consenting to increase the amount of the verdict...
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