Ordered that the judgment is modified, on the facts and as an exercise of discretion, by deleting the award of damages for future loss of earnings and substituting therefor a provision granting a new trial with respect thereto; 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...
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