Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the defendants' motion which was to dismiss the cause of action to recover damages pursuant to 42 USC § 1983 for violation of federal constitutional rights under color of state law for failure to comply with General Municipal Law § 50-h, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed insofar as...
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