Ordered that the order is modified, on the law, by deleting the provisions thereof which denied those branches of the motion which were to dismiss the second, third and fourth causes of action insofar as asserted against the appellant, and substituting therefor a provision granting those branches of the motion; as so modified, the order is affirmed, without costs or disbursements.
The plaintiff Thomas B. Smith, a former probationary New York City police officer, was...
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