Ordered that the appeal from so much of the order as denied that branch of the cross motion which was pursuant to CPLR 3211 (a) (7) to dismiss the complaint insofar as asserted against it is dismissed as academic; and it is further,
Ordered that the order is reversed insofar as reviewed, on the law, that branch of the cross motion which was for summary judgment is granted, the complaint is dismissed insofar as asserted against the defendant City of New York, and the...
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