Appeal from order dated June 22, 1971 dismissed as academic, without costs.
That order was superseded by the order of July 21, 1971. Order dated July 21, 1971, modified, on the law and the facts, by striking therefrom the decretal provision dismissing the complaint and substituting therefor a provision setting aside the jury verdict and granting a new trial. As so modified, order affirmed, with costs to abide the event. The Appellate Term was in error in dismissing...
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