Order modified on the law and the facts, by inserting the word "said" immediately after the word "unless" in the first ordering paragraph; by striking out the second and third ordering paragraphs, and by providing, in lieu thereof, that plaintiff's motion is otherwise denied and that the action as against defendants the City of New York and Burkhart be severed from the action as against the other defendants by inserting the following: "The City of New York and Joseph Burkhart...
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