Ordered that the order is reversed, on the law, with costs, the motion is granted, the cross motion is denied, and the action is dismissed.
The court was without the discretion to grant the plaintiff's cross motion, as it was not made within one year and 90 days after the claim accrued (see, McKinney's Uncons Laws of NY § 7401 [2]; General Municipal Law § 50-e; Cohen v Pearl Riv. Union Free School Dist.,
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