Order modified, on the facts, by deleting (1) the second decretal paragraph thereof and (2) from the first decretal paragraph thereof the words: "and judgment is granted in favor of plaintiff on the issue of liability, together with the costs and disbursements to be taxed, and it is further", and substituting therefor the following: "and a new trial is granted on the issue of liability." As so modified, order affirmed, without costs or disbursements.
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