Ordered that the notice of appeal from the order dated September 28, 2000, is deemed a premature notice of appeal from the judgment (see, CPLR 5520 [c]); and it is further,
Ordered that the judgment is modified, on the facts and as an exercise of discretion, by deleting the provision thereof awarding the plaintiff damages in the sum of $250,000 for wrongful death and granting a new trial with respect thereto; as so modified, the judgment is affirmed insofar...
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