Ordered that the judgment, as amended, is modified by deleting the provisions thereof which denied the application of the City of New York for damages and for the imposition of fines and penalties; as so modified, the judgment, as amended, is affirmed insofar as appealed from, with costs to the City of New York, and the matter is remitted for a new hearing in accordance with this determination.
While we disagree with the hearing court's finding that the City of New...
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