Order reversed on the law and the facts, without costs, and application denied. The Special Term's implicit findings of fact inconsistent herewith are reversed, and new findings are made as indicated herein.
The accident occurred on November 2, 1960. Hence, the statutory 90-day period, within which a notice of claim must be served, expired on January 31, 1961. The application here to serve the late notice was not made until November 1, 1961. No showing was made, however...
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