Ordered that the order is modified, on the law and the facts, (1) by deleting the provision thereof granting that branch of the defendant's motion which was pursuant to CPLR 4404 for a new trial on the issue of damages for past pain and suffering, and substituting therefor a provision denying that branch of the defendant's motion, (2) by deleting the provision thereof denying that branch of the plaintiff's motion which was pursuant to CPLR 4404(a) to set aside the jury verdict...
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