Chynna A. v. City of New York

Order, Supreme Court, Bronx County (Mitchell J. Danziger, J.), entered May 19, 2015, which denied defendants’ motion for summary judgment dismissing the complaint, unanimously reversed, on the law, without costs, and the motion granted. The Clerk is directed to enter judgment accordingly.

There is no dispute that dismissal of the complaint as against defendant City of New York is warranted since it is not a proper party to the action (see Kamara v City of New York, 93 AD3d 449 [1st Dept 2012]; Perez v City of New York, 41 AD3d 378 [1st Dept 2007], lv denied 10 NY3d 708 [2008]).

The remaining…