Ordered that the order is reversed, on the law, with costs, the motion is denied, the cross motion is granted, and the complaint is dismissed.
The plaintiff served on the defendant a notice of claim sworn to on September 22, 1992, alleging that he tripped and fell on a sidewalk defect on June 22, 1992, i.e., 92 days earlier. The defendant thereafter notified the plaintiff that the claim was disallowed because it had not been filed within 90 days of the alleged incident...
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