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MINER v. CITY OF NEW YORK

2009-08576.

78 A.D.3d 669 (2010)

911 N.Y.S.2d 109

DERICK MINER, an Infant, by His Mother and Natural Guardian, NICOLE MINER, et al., Appellants, v. CITY OF NEW YORK, Respondent.

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

Decided November 3, 2010.

Ordered that the order is affirmed, with costs.

The Supreme Court properly denied that branch of the plaintiffs' motion which was for leave to supplement and amend the summons and complaint to add the New York City Board of Education (hereinafter the Board) as a defendant. Since the statute of limitations applicable to the plaintiffs' action had expired by the time of the plaintiffs' motion, the plaintiffs were required...

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