Ordered that the judgment is reversed, on the facts and as an exercise of discretion, with costs, the order dated December 18, 1997, is vacated, the motion is denied, and a new trial is granted on the issue of damages only.
By decision and order dated June 24, 1996, this Court reversed a judgment of the Supreme Court, Kings County (Clemente, J.), entered February 17, 1995, which, upon a jury verdict, was in favor of the plaintiff and against the defendant in the principal...
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