Ordered that the order is modified, on the law, by deleting the provision thereof denying the motion of the defendant City of New York for summary judgment dismissing the complaint and all cross claims insofar as asserted against it and substituting therefor a provision granting the motion; as so modified, the order is affirmed, with one bill of costs to the defendant City of New York payable by the plaintiff, and one bill of costs to the plaintiff payable by the defendant...
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