Motion granted to the extent only of resettling the order of this court entered on April 30, 1985 (108 AD2d 125) so as to include therein our affirmance of the order of Trial Term, Part 14A (Kaplan, J.), entered on or about November 28, 1983, which dismissed the counterclaims of the defendant City of New York. Resettled order signed and filed. Concur — Murphy, P. J., Kupferman, Carro and Milonas, JJ.