Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is modified, on the facts, by deleting the provision thereof apportioning 100% of the fault to the defendant; as so modified, the judgment is affirmed, without costs or disbursements, that branch of the defendant's motion which was to set aside the jury verdict on the issue of apportionment of fault is granted, the order is modified accordingly, and the matter is remitted...
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