Ordered that the judgment is modified, on the facts and as an exercise of discretion, by deleting the provision thereof awarding the plaintiff the principal sum of $1,362,000 and substituting therefor a provision granting a new trial on the issue of damages only, unless within 20 days after service upon him of a copy of this decision and order, with notice of entry, the plaintiff shall serve and file in the office of the Clerk of the Supreme Court, Kings County, a written...
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