Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and the complaint is dismissed.
The plaintiff served a notice of claim upon the defendant on September 20, 1988, seeking recovery for an accident which allegedly occurred on June 25, 1988. However, on September 13, 1989, the plaintiff's counsel allegedly learned that the plaintiff's accident had in fact occurred on June 18, 1988, rather than June 25, 1988...
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