Order entered on January 11, 1961, denying plaintiff's motion to disaffirm the Referee's recommendation as to the amount of the fine and granting defendant's cross motion to confirm, unanimously modified, on the law, on the facts and in the exercise of discretion, without costs, to the extent of striking therefrom the fourth, fifth, sixth, seventh and eighth decretal paragraphs and the matter is remanded for further testimony with respect to whether damage was sustained by...
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