Ordered that the judgment is modified, on the facts and as an exercise of discretion, by deleting the provision awarding the plaintiff damages in the principal sum of $55,000; as so modified, the judgment is affirmed, with costs to the plaintiff, and the matter is remitted to the Supreme Court for a new trial on the issue of damages only.
Contrary to the plaintiff's argument on appeal, we find that the trial court properly denied the plaintiff's motion for judgment...
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