Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is modified, on the facts and as a matter of discretion, by deleting the first decretal paragraph thereof and granting the plaintiff Roberta Aily a new trial on the issue of damages only, unless the defendant shall serve and file in the office of the Clerk of the Supreme Court, Nassau County, a written stipulation consenting to increase the award of damages to the plaintiff...
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