Order unanimously reversed on the law and in the exercise of discretion with costs and application granted upon condition that the proposed notice of claim is served upon defendant within 20 days of service of a copy of the order of this Court with notice of entry.
Memorandum:
General Municipal Law § 50-e (1) (a) states that the provisions of section 50-e apply "[i]n any case founded upon tort where a notice of claim is required by law as a condition...
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