In this action to recover damages for personal injuries, defendant asserted the defense, by way of its answer, of a failure to serve a 90-day notice of claim pursuant to section 1276 of the Public Authorities Law and section 50-e of the General Municipal Law. Plaintiff then moved for leave to serve a notice of claim and to amend her complaint so as to include therein an allegation that 30 days had expired since such notice was served. Special Term granted the motion by the...
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