Ordered that the order is modified, on the law, by (1) deleting the provision thereof granting the defendant's cross motion, and substituting therefor a provision denying the defendant's cross motion and reinstating the plaintiff's complaint, and (2) deleting the provision thereof denying that branch of the plaintiff's motion which was to amend the notice of claim, and substituting therefor a provision granting leave to amend the notice of claim; as so modified, the order...
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