Ordered that the order is modified, on the law and as a matter of discretion in the interest of justice, by adding thereto a provision directing the defendant to post a surety bond as a condition of vacating the damage award; as so modified, the order is affirmed insofar as appealed from, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a determination of the amount of the bond.
The Supreme Court did not improvidently...
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