Judgment modified, on the law and as a matter of discretion, by deleting therefrom the first, second and fourth decretal paragraphs thereof. As so modified, judgment affirmed and a new trial granted, with costs to abide the event.
We agree with defendant that Special Term erred in charging the jury that it could return a verdict in favor of both parties upon the ground of constructive abandonment, and that it further erred in denying defendant's motion to set aside...
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