Order modified on the law and the facts as follows: (1) by striking out the second and third decretal paragraphs directing a verdict in favor of the plaintiff and setting the action down for an assessment of damages; and (2) by adding a decretal paragraph directing a new trial. As so modified, order affirmed, with costs to abide the event of the new trial.
While it was proper in this case to set aside the jury's verdict in defendant's favor we believe it was improper...
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