Eboni B. v. New York City Housing Authority

Order, Supreme Court, Bronx County (Barry Salman, J.), entered January 25, 2016, which granted defendant’s motion to dismiss the complaint and denied plaintiff’s cross motion for leave to file a late notice of claim, unanimously modified, on the law and in the exercise of discretion, to deny defendant’s motion insofar as it sought dismissal of the claim brought on the infant plaintiff’s behalf, and grant plaintiff’s cross motion, to the extent that the notice of claim is deemed served on behalf of the infant plaintiff, and otherwise affirmed, without costs.

Although plaintiff did not present a…