Ordered that the order is modified by deleting the provision denying that branch of the motion which was to vacate the third through seventh decretal paragraphs of the judgment and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, with costs to the defendant, and the matter is remitted to the Supreme Court, Queens County, for an inquest as to the ancillary issues.
Initially we observe that, contrary to the...
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