Ordered that the order is reversed, on the law and as a matter of discretion, without costs or disbursements, the motion is denied, the cross motion is granted, the complaint is dismissed as against the city, and the action against the remaining defendant is severed.
A court may, in its discretion, grant a motion for leave to amend a notice of claim (see, General Municipal Law § 50-e [6]) where it determines first, that the mistake, irregularity or defect...
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