Ordered that the order is reversed, on the law, with costs, the defendant's cross motion is denied, the complaint is reinstated, the plaintiff's motion is granted, the plaintiff is granted leave to serve a late notice of claim upon the defendant, the notice of claim dated September 13, 1990, is deemed served, and the matter is remitted to the Supreme Court, Nassau County, for entry of an appropriate judgment in the principal sum of $43,503.82 plus interest to be determined...
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