Judgment and order unanimously modified to grant a new trial and, as so modified, affirmed, with costs to abide the event.
Memorandum:
This action arose from an incident which occurred when police answered a call at plaintiff's apartment building. Plaintiff and his wife, who occupied a second-floor apartment, had been attending a party in the third-floor apartment. Some of the people at the party began fighting, pushing each other around and arguing in loud...
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