Ordered that the appeal from the order is dismissed; and it is further,
Ordered that the judgment is modified by deleting the provision thereof dismissing the complaint as against the defendant City of Middletown, and the order is modified by deleting the provision thereof granting the cross motion of the City of Middletown for summary judgment dismissing the complaint as against it and substituting therefor a provision denying that cross motion; as so modified the...
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