Order unanimously reversed on the law without costs, motion denied, cross motion granted and complaint dismissed.
Memorandum:
Special Term erred by denying defendant's cross motion to dismiss plaintiff's complaint for failure to file a timely notice of claim. Plaintiff did not serve a notice of claim within 90 days of the accident and did not move for permission to serve a late notice of claim within one year and 90 days following the accident (General Municipal...
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