The city has moved to dismiss the appeal as untimely. Appeal dismissed, without costs or disbursements, on the ground that the appeal was not timely taken.
Were we not dismissing the appeal, we would affirm the order. The motion for leave to serve a late notice of claim was made more than one year and 90 days after the incident in question. Thus, the court lacked power to grant the application. In any event, the action would be barred because of the failure to commence...
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