It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs and the matter is remitted to Supreme Court, Erie County, for further proceedings in accordance with the following memorandum: Defendant appeals from an order denying her motion to settle the record on appeal. Following a bifurcated trial on liability, the jury returned a verdict finding defendant 60% negligent and plaintiff 40% negligent, and the parties...
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