Order unanimously reversed on the law and in the exercise of discretion with costs and plaintiffs' motion to serve a late notice of claim granted.
Memorandum:
It was error for the court to deny the motion of plaintiff Kenneth Fish (the claim of his wife, Lorraine, is derivative) for permission to file a late notice of claim. Plaintiff sought leave to serve a late notice within four months of the expiration of the 90-day period and was thus well within the...
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