Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is modified, on the facts and as an exercise of discretion, by deleting the provision thereof which awarded the plaintiff Robert R. Matthews $1,000, and substituting therefor a provision granting the plaintiff Robert R. Matthews a new trial with respect to damages only, unless the defendant shall serve and file in the office of the Clerk of the Supreme Court, Dutchess...
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