Ordered that the judgment in action No. 1 is reversed, on the facts and as an exercise of discretion, with costs, and a new trial is granted in that action on the issue of damages only, unless within 30 days after service upon the plaintiff Pio Paniccia of a copy of this decision and order, Pio Paniccia shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to a decrease in the verdict as to past pain and suffering...
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