Order reversed on the law and the facts and application granted, with costs. Findings of fact insofar as they may be inconsistent herewith are reversed, and new findings are made as indicated herein.
In our opinion, the grounds upon which the application is based come within the provisions of section 608 of the Insurance Law. The notice of intention to file claim was filed only 17 days after the expiration of the statutory 90-day period; no prejudice is shown or claimed...
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