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PERI v. CITY OF NY

8 Misc.3d 369 (2005)

VICTOR PERI and Others, Infants, by Their Mother and Natural Guardian, ERIBEL PERI, et al., Plaintiffs, v. CITY OF NEW YORK et al., Defendants.

Supreme Court, Bronx County.

March 28, 2005.

Attorney(s) appearing for the Case

Michael A. Cardozo, Corporation Counsel (Christopher J. Murdoch of counsel), for City of New York, defendant.

Henry Simon, White Plains (Linda Trummer-Napolitano of counsel), for LSL Services, Inc., defendant.

Fitzgerald & Fitzgerald, P.C., Yonkers (John M. Daly of counsel), for plaintiffs.

OPINION OF THE COURT

PAUL A. VICTOR, J.

Relief Sought

In this complex lead paint case brought on behalf of three infant plaintiffs, defendant LSL Services, Inc. and defendant City of New York each move for summary judgment pursuant to CPLR 3212 dismissing the complaint. Plaintiffs cross-move for an order deeming six notices of claim previously served on the City to be timely nunc pro tunc.

The motions and cross motion are consolidated for...

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