Order unanimously reversed, without costs, and motion denied.
Memorandum:
Plaintiff, as the result of an automobile accident on June 25, 1972, sued the County of Orleans. After a jury was selected, plaintiff learned that the true defendant was the Town of Yates. On January 9, 1974 plaintiff served a notice of motion seeking permission to serve a late notice of claim naming the Town of Yates defendant. Special Term granted the motion and the town appeals. Plaintiff...
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