Order reversed, on the law and the facts, without costs, and complaint dismissed.
The claim herein arose on January 25, 1967. It is undisputed that plaintiffs served their notice of claim on May 18, 1967, approximately 23 days after the 90-day statutory period for giving notice had expired (Town Law, § 67, subd. 1; General Municipal Law, § 50-e, subd. 1). Moreover, on October 10, 1968, when Special Term denied appellant's motion to dismiss the complaint...
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