¶ Order modified, on the law, by deleting the third, fourth and fifth decretal paragraphs and substituting therefor a provision denying defendant's motion to set aside the verdict in favor of plaintiff on the issue of liability upon the theory of implied warranty, and that verdict is reinstated. As so modified, order affirmed, insofar as appealed from, with one bill of costs payable by defendant, and the matter is remitted to the Supreme Court, Nassau County, for trial...
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