It does not appear that the notice of claim was timely served (General Municipal Law, § 50-e) nor that the late filing was occasioned by any condition which, under the statute, permits an exception in the exercise of the discretion of the court (General Municipal Law § 50-e, subd. 5). Service of a late notice without leave of the court was not a statutory compliance, and neither the demand for a physical examination, nor the granting of a motion to amend nunc...
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