Ordered that the order is reversed, on the law, without costs or disbursements, and the proceeding is dismissed.
This proceeding, which sought leave to file a late summons and complaint on the City of New York based on a claimed toll for infancy, must be dismissed inasmuch as no cause of action exists for leave to file a late summons and complaint. Even if this defect were not present, we would nevertheless conclude that no toll would apply since the injured infant was represented by her mother as guardian, and by counsel, both of whom were in a position to adequately protect her interests ( see, CPLR 208; Henry v. City of New York, 244 A.D.2d 93; see generally, Hernandez v. New York City Health Hosps. Corp., 78 N.Y.2d 687).
Ritter, J. P., Santucci, Thompson and Sullivan, JJ., concur.