Ordered that the judgment is modified by deleting the provision thereof dismissing the common-law negligence cause of action and substituting therefor a provision granting that branch of the plaintiffs' motion which was to set aside the verdict as to the common-law negligence cause of action; as so modified, the judgment is affirmed, and a new trial is granted only with respect to the cause of action for common-law negligence, with costs to abide the event.
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