Ordered that the judgment is affirmed, with costs.
This appeal is from the judgment entered after the second trial in this action. The first trial, which was before Justice Lerner of the Supreme Court, Queens County, resulted in a judgment in favor of the plaintiff. This court reversed the judgment and granted a new trial by reason of certain errors in the charge with respect to the element of proximate cause and the failure to instruct the jury on the element of...
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