Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the amended judgment is modified, on the law, by deleting the provision thereof awarding the defendant costs and disbursements in the sum of $1,045.59; as so modified, the amended judgment is affirmed insofar as appealed from, without costs or disbursements, that branch of the defendant's posttrial motion which was for an award for costs and disbursements in the sum of $1,045.59 is...
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