Ordered that the order is modified, on the law, by (1) deleting the provision thereof denying that branch of the motion of defendant James B. Hurwitz which was pursuant to CPLR 4404 (a) to set aside the jury verdict and for judgment in his favor as a matter of law and substituting therefor a provision granting that branch of the motion, and (2) deleting the provision thereof granting the branch of the same motion which was pursuant to CPLR 4404 (a) for a new trial on the...
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