Judgment and order reversed upon the facts and a new trial granted, costs to appellant to abide the event, unless, within twenty days from the entry of the order herein, respondent stipulate to reduce the recovery of damages to the sum of $30,000; in which event the judgment, as so modified, and the order, are unanimously affirmed, without costs. Lazansky, P. J., Rich, Hagarty, Seeger and Carswell, JJ., concur.