Ordered that the judgment is modified, on the law and the facts, by deleting that portion of the judgment which granted that branch of the defendant's motion which was to set aside the jury verdict on the issue of liability, and substituting therefor a provision denying that branch of the defendant's motion, and reinstating the verdict for the plaintiff on the issue of liability; as so modified, the judgment is affirmed, with costs to the plaintiff, and the matter is remitted...
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