Ordered that the judgment is modified, on the law, by deleting the provision thereof dismissing the complaint insofar as asserted against the City of New York; as so modified, the judgment is affirmed, the action against the City of New York is severed, and a new trial is granted on the issue of liability as to that defendant, with costs to abide the event.
The plaintiff Victor Gregory Romain (hereinafter the plaintiff) was struck by a vehicle operated by the defendant...
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