Order modified on the law by striking out everything after the word "vacated" in the second ordering paragraph, and by providing in lieu thereof the following: "and it is further, Ordered that the application for leave to serve a notice of claim be and the same is hereby denied." As so modified, order affirmed, without costs.
It is undisputed that, although respondent sustained a fracture of his left leg and foot, had a cast thereon for about two months after the...
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