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DEBORAH TATE, an Infant, by Her Mother and Natural Guardian, EDNA COLVIN, et al., Respondents, v. MANHATTAN AND BRONX SURFACE TRANSIT OPERATING AUTHORITY et al., Appellants.

Judgment, Supreme Court, Bronx County (Howard R. Silver, J.), entered May 13, 1988, finding in favor of the plaintiff against the defendants in the amount of $2,382,029.47 on plaintiff's stipulation to accept a verdict in a reduced amount, unanimously reversed, on the law and the facts, without costs or disbursements, and a new trial ordered solely on the issue of damages, unless plaintiff, within 20 days after service upon her attorney of a copy of the order to be entered herein, with notice of entry, serves and files in the office of the clerk of the trial court a written stipulation consenting to reduce the verdict in favor of the plaintiff to the principal amount of $1,882,029.47 and to entry of an amended judgment in accordance therewith. If plaintiff so stipulates, the judgment, as so amended and reduced, is affirmed, without costs or disbursements.

Concur — Murphy, P.J., Sullivan, Ross, Asch and Smith, JJ.

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TATE v. MANHATTAN BRONX SURFACE TRANSIT
(Feb 6, 1990)