Appeal from the judgment dismissed. The judgment was superseded by the resettled judgment.
Resettled judgment reversed, on the law, judgment vacated, and new trial granted.
One bill of costs is awarded to abide the event of the new trial.
A new trial is required because the trial court failed to instruct the jury that the plaintiff had the burden of proof on the issue of liability (see, Whitlatch v Fidelity & Cas. Co., 149 N.Y. 45...
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