Order unanimously reversed, with costs, and application granted.
Memorandum:
Petitioner was injured on October 1, 1977 in a collision with a vehicle owned by respondent, the City of Utica, and while being operated by its employee. Petitioner was hospitalized and alleges that he suffered permanent injuries and sustained medical expenses in the sum of $4,390.74. On October 3, 1977 he retained an attorney to prosecute his claim for such injuries. The city police...
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