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CHYNNA A., v. CITY OF NEW YORK

2049, 20363/13.

143 A.D.3d 623 (2016)

2016 NY Slip Op 06985

40 N.Y.S.3d 72

CHYNNA A., an Infant by Her Mother and Natural Guardian, NITOSCHA A., et al., Respondents, v. CITY OF NEW YORK et al., Appellants.

Appellate Division of the Supreme Court of New York, First Department.

Decided October 25, 2016.

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 A.D.3d 449 [1st Dept 2012]; Perez v City of New York, 41 A.D.3d 378 [1st Dept 2007], lv denied 10 N.Y.3d 708 [2008]).

The remaining defendants established their entitlement to judgment as a matter...

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