Ordered that the judgment is reversed, on the law, on the facts, and in the exercise of discretion, with costs, that branch of the defendant's motion which was pursuant to CPLR 4404 (a) to set aside the verdict on the issue of liability and for judgment as a matter of law with respect to the plaintiff Richard S. Giambruno is granted, the complaint is dismissed insofar as asserted by that plaintiff, that branch of the defendant's motion which was pursuant to CPLR 4404 (a)...
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