Ordered that the cross appeal from so much of the order as, in effect, denied that branch of the plaintiff's motion which was pursuant to CPLR 4404(a) to set aside the verdict in the interest of justice and for a new trial is dismissed as academic in light of our determination on the appeal, without costs or disbursements; and it is further,
Ordered that the order is affirmed insofar as appealed from and insofar as reviewed on the cross appeal, without costs or disbursements...
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