It is hereby ordered that the order so appealed from is unanimously modified on the law by granting the motion in part and dismissing the amended complaint and as modified the order is affirmed without costs.
Memorandum:
Defendant appeals from an order denying his motion for, inter alia, summary judgment dismissing the amended complaint as barred by General Municipal Law § 50-b (1). In its responding brief on appeal, plaintiff agrees with defendant that...
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