Modified, on the law, the facts and in the exercise of discretion, so as to strike that portion of the judgment which reflects the jury verdict for loss of earnings and a new trial ordered solely on such issue and, as thus modified, the judgment is otherwise affirmed, without costs and without disbursements.
On March 6, 1974, plaintiff Donald Zapata, then 13 years old, was playing with friends in a city park. As they had done in the past, he and his friends went through...
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