Ordered that the order and judgment dated November 2, 2001, is affirmed; and it is further,
Ordered that the order dated February 14, 2002, is modified by deleting the second decretal paragraph thereof, which, inter alia, in effect, directed the parties to proceed with the trial de novo; as so modified, the order is affirmed insofar as appealed from; and it is further,
Ordered that one bill of costs is awarded to the respondent.
Contrary to the contention...
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