Cruz v. City of Yonkers

—In an action to recover damages, inter alla, for sexual abuse, etc., the defendants appeal, as limited by their brief, from so much of an order of the Supreme Court, Westchester County (Colabella, J.), entered January 20, 1999, as denied that branch of their motion pursuant to CPLR 3211 (a) (5), which was to dismiss the complaint insofar as asserted by the infant plaintiff Stephen Cruz, and granted that branch of the plaintiffs’ cross motion which was for leave to serve a late notice of claim on behalf of the plaintiff Stephen Cruz.

Ordered that the order is affirmed insofar as appealed from,…