Ordered that the order is reversed, on the law and as an exercise of discretion, with costs, the motion is denied, the cross motion is granted, and the complaint is dismissed.
On or about June 11, 1991, the plaintiff served a notice of claim alleging that on May 31, 1991, he sustained injuries as a result of a defect in a sidewalk and curb at a particular location in Yonkers. In February 1996 the plaintiff moved for leave to file an amended notice of claim which indicated...
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