Ordered that the order is modified, on the law, by (1) deleting the provision thereof granting that branch of the defendants' motion which was for summary judgment dismissing so much of the cause of action alleging wrongful death asserted against the defendant City of New York as was based on the negligence of the defendants Carl Carrara, William Prokesch, George Harvey, Keith Livingston, and Gregory Scalcione in using deadly physical force, and substituting therefor a provision...
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