Ordered that the order is affirmed, with costs.
The first notice of claim served on behalf of the plaintiffs, an infant and his mother, was served on October 1, 1996, approximately 5½ years after the cause of action accrued. As that notice of claim was not served within 90 days after the cause of action accrued, and was served without leave of the court, it was a nullity (see, General Municipal Law § 50-e [1] [a]; Mack v City of New York, ...
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