Ordered that the judgment is reversed, on the facts, judgment is awarded to the plaintiff on the issue of liability, and the case is remitted to the Supreme Court, Nassau County, for a trial on the issue of damages only, before a Judge other than the Trial Judge.
Following a nonjury trial, the trial court dismissed the plaintiff's complaint, holding that the defendant Wagner did not negligently cause the death of the deceased and that the actions of the deceased were...
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