Judgment for defendant unanimously reversed and vacated, on the law and on the facts, without costs or disbursements, and new trial ordered in the interests of justice, with leave to plaintiff to move at Special Term for amendment of his notice of claim on condition, however, that the motion be made within 30 days from date of publication hereof and on further condition that, on or prior to making of such motion the plaintiff pay to the defendant $100 costs to cover the costs...
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