Ordered that the order is reversed insofar as appealed from, as a matter of discretion, with costs, that branch of the motion which was to dismiss the complaint insofar as asserted by the infant plaintiff is granted, that branch of the cross motion which was for leave to serve a late notice of claim on behalf of the infant plaintiff is denied, and the complaint is dismissed in its entirety.
The Supreme Court improvidently exercised its discretion in granting that...
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