Ordered that Justice Sullivan has been substituted for former Justice Rubin (see, 22 NYCRR 670.1 [c]); and it is further,
Ordered that the cross appeal is dismissed, without costs or disbursements, since the judgment in the amount of $625,798 was entered upon the plaintiff's stipulation (see, CPLR 5511); and it is further,
Ordered that on the appeals by Malvin A. Goldner and Ergi J. Pesiri, the judgment is modified, on the law and the facts and...
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