Ordered that the cross appeal is dismissed as abandoned; and it is further,
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 defendant is awarded one bill of costs.
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