The action, commenced in 2001 by plaintiff Velez individually and as natural guardian of plaintiff Perez, arose out of a playground accident that occurred in 1999, when plaintiff Perez was 13 years old. In an order dated April 1, 2004, the IAS court stated that a motion by one defendant to dismiss the action as time-barred was granted as to plaintiff Velez, but inadvertently recited at the end of the order that the motion was denied. Velez died on May 12, 2005, by which time...
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