Ordered that the judgment is reversed insofar as appealed from, on the law, with costs, that branch of the plaintiff's motion at trial which was for judgment as a matter of law against the defendant Leonard L. Richheimer on the issue of liability is granted, the plaintiff is awarded judgment as a matter of law against the defendant Leonard L. Richheimer on the issue of liability, and the matter is remitted to the Supreme Court, Queens County, for a trial on the issue of damages...
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