Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is denied, and, upon searching the record, summary judgment is granted to the defendants dismissing the complaint upon their fourth affirmative defense, and the motion is otherwise denied as academic.
The instant action was not timely commenced within the one year and 90-day period prescribed by General Municipal Law § 50-i. Moreover, the plaintiffs have failed...
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