Ordered that the order is affirmed, without costs or disbursements.
Special Term, in a proper exercise of discretion, permitted the plaintiff to file a late notice of claim pursuant to General Municipal Law § 50-e (5). The application was made within one year and 90 days of the accrual of the action (see, General Municipal Law § 50-i).
The failure of the plaintiff's attorney to discover the correct status of the defendant at some earlier point...
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