Ordered that the order is modified, on the law, (1) by deleting the provision thereof granting the motion of the defendant City of New York for summary judgment dismissing the complaint insofar as asserted against it, and substituting therefor a provision denying that motion, and (2) by deleting the provision thereof denying, as academic, the plaintiff's cross motion for summary judgment on the issue of liability insofar as asserted against the defendant City of New York...
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