Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, the motion is granted, so much of the judgment as awarded damages is vacated, and a new trial is granted on the issue of damages; and it is further,
Ordered that the appeal from the judgment is dismissed as academic, without costs or disbursements; and it is further,
Ordered that the judgment is affirmed as cross-appealed from, without costs or disbursements...
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