Ordered that the order is affirmed insofar as appealed from; and it is further,
Ordered that the order is reversed insofar as cross-appealed from, on the law, that branch of the defendant's motion pursuant to CPLR 4404(a) which was to set aside the jury verdict and for judgment as a matter of law in its favor dismissing the complaint is granted, and that branch of the defendant's motion pursuant to CPLR 4404(a) which was to set aside the jury verdict on the issue...
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