Amended order unanimously reversed, on the law, without costs, defendant's motion granted, and complaint dismissed.
Memorandum:
Defendant appeals from an order dismissing its first, third and fourth affirmative defenses, and denying its cross motion for an order dismissing plaintiff's complaint. Since plaintiff's notice of claim was timely served and this action timely commenced pursuant to Town Law § 65, we agree that defendant's third and fourth affirmative...
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