Ordered that the order is modified, on the law, by deleting the provisions thereof denying those branches of the plaintiff's cross motions which were for leave to amend the complaint to add causes of action for an intentional breach of a voluntarily assumed duty of care and battery, and substituting therefor a provision granting those branches of the cross motions; as so modified, the order is affirmed insofar as appealed from, with one bill of costs to the plaintiff payable...
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