Order modified on the facts by striking therefrom the second ordering paragraph and by substituting therefor a provision granting a new trial. As so modified, the order is unanimously affirmed, without costs. Judgment modified on the facts by striking therefrom the second decretal paragraph and by substituting therefor a provision granting a new trial, and by striking from the third decretal paragraph the words "and David Robert Telson". As so modified, the judgment is unanimously...
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