Ordered that the order is modified, on the law, by deleting the provision thereof denying that branch of the plaintiff's motion which was pursuant to CPLR 4404 (a) to set aside the verdict as contrary to the weight of the evidence and for a new trial, and substituting therefor a provision granting that branch of the motion; as so modified, the order is affirmed, and the judgment is vacated; and it is further,
Ordered that the appeal from the judgment is dismissed...
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