Ordered that the judgment is modified, on the facts and as an exercise of discretion, by deleting the provision thereof awarding damages on the cause of action alleging malicious prosecution and substituting therefor a provision granting a new trial with respect thereto; as so modified, the judgment is affirmed, with costs to the defendants, unless within 30 days of service upon him of a copy of this decision and order, the plaintiff shall serve and file in the office of...
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