Ordered that the judgment is modified, on the facts, by deleting the provisions thereof finding the defendants 40% at fault in the happening of the accident; as so modified, the judgment is affirmed, without costs or disbursements, and the matter is remitted to the Supreme Court, Kings County, for a new trial with respect to the apportionment of fault between the defendants and the nonparty tortfeasor, unless within 30 days after service upon them of a copy of this decision...
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