Ordered that the judgment is reversed, on the facts and as an exercise of discretion, with costs, and a new trial is granted on the issue of damages, unless within 30 days after service upon the plaintiff Alberto Gutierrez of a copy of this decision and order, together with notice of entry, the plaintiff Alberto Gutierrez shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written stipulation consenting to reduce the verdict as to damages...
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