Ordered that the order is reversed, on the law and as a matter of discretion, with costs, the petition is granted, and the proposed notice of claim is deemed served.
The application for leave to serve a late notice of claim was timely made within the applicable statute of limitations of one year and 90 days (see General Municipal Law § 50-i [1]). Therefore, the petitioner Clara Johnson was not required to demonstrate mental incapacity to toll the statute...
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