Ordered that the order is reversed, on the law, with costs, the motion is denied, and the matter is remitted to the Supreme Court, Kings County, for further proceedings in accordance herewith.
As recently held by the Court of Appeals, the dismissal of an action is not authorized on the ground that the plaintiff failed to file a timely notice of medical malpractice action pursuant to CPLR 3406 (a) (see, Tewari v Tsoutsouras,
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