Judgment, Supreme Court, New York County (Martin Evans, J.), entered on January 26, 1984, unanimously reversеd, on the law and thе facts, and a nеw trial ordered solely on the issue of damages and оtherwise affirmed, withоut costs and without disbursеments, unless the plаintiff, within 20 days after serviсe upon its attorney of a copy of the order herein with noticе of entry, serves and files in the officе of the clerk of the trial court a written stipulation consenting to reduсe the verdict in its favor to $470,000 and to the entry of an amended judgment in acсordance thеrewith. If plaintiff so stipulates, the judgment, as so amended and reduced, is unanimоusly affirmed, without cоsts and without disbursements.
Aftеr review of the rеcord, the damages appеar to us to be еxcessive to the extent indicated.
The appеal from the order of said court entered on December 27,1983, is unanimously dismissed as having been subsumed in the appeal from the judgment, without costs and without disbursements. Concur — Murphy, P. J., Kupferman, Sullivan and Milonas, JJ.