Ordered that the appeal from the order is dismissed; and it is further,
Ordered that judgment is modified, on the law, the facts, and in the exercise of discretion, by deleting the provision thereof awarding damages for past pain and suffering and future pain and suffering, and a new trial is granted as to those damages only; as so modified, the judgment is affirmed insofar as appealed and cross-appealed from, with one bill of costs to the defendant third-party plaintiff...
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