Order modified, on the law and facts, by (1) striking out the decretal provisions therein that the complaint is dismissed and that defendant is granted costs and (2) substituting therefor a decretal provision granting a new trial. As so modified, order affirmed, with costs to plaintiff to abide the event.
Because the Appellate Term dismissed the complaint, plaintiff is entitled to have the proof read in the light most favorable to her and to have the benefit of the...
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