Opinion
January 25, 2001.
DECISION AND ORDER ON MOTION
Motion for permission to appeal to the Court of Appeals and to modify order dated and entered September 8, 2000.
Upon the papers filed in support of the motion and the papers filed in opposition and in response thereto, it is
ORDERED that the motion for permission to appeal is denied, without costs (see, CPLR 5601 [c]; 5602 [b] [1]; Maynard v. Greenberg, 82 N.Y.2d 913), and it is further
ORDERED that the motion to modify is granted, without costs, to the extent that the order dated and entered September 8, 2000 is amended to read as follows:
ORDERED that the judgment and amended judgment are modified, on the law, and matter remitted to the Supreme Court for a new trial with respect to the issue of liability in accordance with this Court's decision, with costs to abide the event, and, as so modified, affirmed.