Resettled judgment modified on the law by striking from the first decretal paragraph the words "and The City of New York, Municipal Building, Borough of Manhattan, City of New York"; and by adding a decretal paragraph that the complaint of plaintiff against defendant City of New York is dismissed. As thus modified, the judgment, insofar as appealed from, is unanimously affirmed, with costs to plaintiff against defendants Yellen, and with costs to defendant City of New York...
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