Bottini v. City of New York

*633In an action to recover damages for personal injuries, the defendants appeal from an order of the Supreme Court, Kings County (Miller, J.), dated November 30, 2009, which denied their motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint and granted the plaintiffs cross motion for leave to file an amended notice of claim.

Ordered that the order is reversed, on the law, on the facts, and in the exercise of discretion, the defendants’ motion pursuant to CPLR 3211 (a) (7) to dismiss the complaint is granted, and the plaintiffs cross motion for leave to file an amended notice of claim is…