Ordered that the order dated May 17, 2004, is reversed, on the law, the verdict is reinstated, and the matter is remitted to the Supreme Court, Suffolk County, to determine the plaintiff's motion, inter alia, pursuant to CPLR 4404 to set aside the jury verdict on the issue of liability in favor of the defendant third-party plaintiff Town of Islip and for judgment as a matter of law, and the order dated September 22, 2004, is modified accordingly; and it is further,
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