Judgment reversed insofar as appealed from, on the law and the facts, and new trial granted, with costs to appellant to abide the event.
Defendant in Action No. 3 is also the defendant in Action No. 1 and the facts in both actions are the same. The jury found for defendant in both actions. On October 5, 1970 we reversed the judgment insofar as it applied to Action No. 3 and granted a new trial, on the ground that the verdict was against the weight of the evidence...
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