Ordered that the judgment is modified, on the law, by deleting the provision thereof dismissing the cause of action to recover damages pursuant to 42 USC § 1983 insofar as asserted against the defendant City of Newburgh and substituting therefor a provision granting the plaintiff's motion for judgment as a matter of law on the issue of liability on that cause of action insofar as asserted against that defendant, and the action against the remaining defendants is severed...
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