Ordered that the order is reversed insofar as appealed from, on the law, with costs, the motion is denied, the defendant's affirmative defense asserting that the action was not commenced in compliance with General Municipal Law § 50-i is reinstated, the second cause of action asserted by the plaintiff Gloria Perry individually is dismissed, and the matter is remitted to the Supreme Court, Kings County, for a determination as to whether the infant plaintiff should be...
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