Order reversed, on the law and the facts, with $10 costs and disbursements, and application denied, without costs.
The affidavits submitted in support of the application disclose that the failure to serve the notice of claim within the 90-day period prescribed by statute was not by reason of the fact that the claimant was mentally or physically incapacitated but was due rather to inadvertence on his part and the fact that his attorney was misinformed as to the date...
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