Ordered that on the Court's own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,
Ordered that the order is modified, on the law, by deleting the provision thereof granting the oral application of the defendant City of New York to dismiss the complaint insofar as asserted against it, made after the completion of the opening statement, and substituting therefor...
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