Ordered that the order is reversed insofar as appealed from, on the law and the facts, with costs, that branch of the plaintiff's motion which was to reinstate so much of the jury verdict as found fault on the part of the defendant Cross Bay Excavators, Inc., in the happening of the accident is granted, and that portion of the verdict is reinstated, and the matter is remitted to the Supreme Court, Kings County, for a trial on the issue of damages only.
Contrary to...
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