If plaintiff so stipulates, the judgment, as so amended and reduced, is affirmed, without costs and without disbursements. The dissent finds great significance in an oral motion the city allegedly made in Special Term prior to trial, urging the defense of collateral estoppel. There is no record of this motion having been made (or of Justice Fusco's denial of it) but even assuming the fact, the puzzle is more, why did not the city formally move to amend its answer? CPLR 3018...
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