Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion of the defendants City of New York and New York City Department of Education which was for summary judgment dismissing the cause of action alleging common-law negligence insofar as asserted against the defendant New York City Department of Education, and substituting therefor a provision denying that branch of the motion; as so modified, the order is affirmed...
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