Ordered that the judgment is modified, on the facts, by deleting the provision thereof awarding damages for past pain and suffering and substituting therefor a provision granting a new trial with respect to those damages only; as so modified, the judgment is affirmed, with costs to the appellant, unless within 30 days after the service upon the respondent of a copy of this decision and order, the respondent shall serve and file in the office of the Clerk of the Supreme Court...
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