Ordered the judgment is modified, on the facts and as a matter of discretion, by deleting the first decretal paragraph thereof and substituting therefor a provision granting a new trial on the issue of damages; as so modified, the judgment is affirmed, with costs to the appellant unless within 30 days after service upon the plaintiff 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...
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