PIERRE v. CITY OF NEW YORK


22 A.D.3d 733 (2005)

804 N.Y.S.2d 365

CHRISLAIT PIERRE et al., Respondents, v. CITY OF NEW YORK, Appellant, et al., Defendant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 24, 2005.


Ordered that the order is modified by deleting the provisions thereof denying that branch of the appellant's motion which was to dismiss the complaint insofar as asserted against it by the plaintiffs Maude Pierre and Kerby Pierre, and deeming the notice of claim insofar as asserted on behalf of the plaintiff Kerby Pierre timely served nunc pro tunc, and substituting therefor a provision granting that branch of the motion and dismissing the complaint insofar as asserted against...

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