Ordered that the judgment is reversed, on the law, and the matter is remitted to the Supreme Court, Kings County, for a new trial on the issue of liability; and it is further,
Ordered that in the event that the defendant is found liable at the new trial, the damages award shall be reinstated; and it is further,
Ordered that the order dated September 14, 2004 is affirmed; and it is further,
Ordered that costs shall abide the event.
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