Mompoint v. City of New York

—In an action, inter alia, to recover damages for employment discrimination in violation of Executive Law § 296 and 42 USC § 1983 et seq., the plaintiff appeals from an order of the Supreme Court, Kings County (Hutcherson, J.), dated July 20, 2001, which granted the defendants’ motion to dismiss the complaint for failure to timely serve a notice of claim and as time-barred, and denied his cross motion for leave to serve a late notice of claim.

Ordered that the order is modified, on the law, by deleting the provision thereof granting that branch of the motion which was to dismiss the third…