Unanimously modified, on the law and the facts and in the interest of justice and the exercise of discretion, to direct a new trial in the September 1972 Term of Supreme Court, New York County, with the Justice holding Trial Term, Part I, during that term, to assign the matter for such trial, based on the complete record heretofore made, with the right to either side, on 10 days' written notice, to move at Trial Term, Part I, to reopen the trial for the purpose only of presenting...
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