The complaint that was annexed to plaintiff's order to show cause for leave to serve a late notice of claim on defendant City alleged that defendant's employees treated plaintiff until December 1990. Under these circumstances, defendant's stipulation accepting the late notice of claim as of October 21, 1991 renders any Statute of Limitations defense nonviable since the action was thereafter commenced in January 1992 within the one year and 90-day period set forth in General...
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