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PEREZ v. CITY OF NEW YORK

3106N, 13084/04.

74 A.D.3d 638 (2010)

902 N.Y.S.2d 357

JAIME PEREZ, an Infant, by His Mother and Natural Guardian, NANCY TORRES, et al., Appellants, v. CITY OF NEW YORK, Respondent.

Appellate Division of the Supreme Court of New York, First Department.

Decided June 22, 2010.

The motion court correctly held that it was without jurisdiction to entertain the motion when the action had already been dismissed by order of this Court precisely because plaintiff sued the City instead of the Department (41 A.D.3d 378 [2007], lv denied 10 N.Y.3d 708 [2008]). In any event, we reject plaintiff's present argument that the circumstances, including the naming of the Department as well the City in the notice of...

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