Majority
p. 608James M. Kiernan v City of New York et al.
— Motion granted to the extent of deleting the last sentence of this court’s order ( 102 AD2d 731 ), entered on June 14, 1984, and to substitute therefor the following: “The clerk is directed to enter judgment in favor of defendant-appellant dismissing and severing the action and dismissing the cross claims against said defendant-appellant, without costs.” Concur — Sandler, J. P., Sullivan, Carro and Milonas, JJ.