It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum:
Supreme Court properly denied defendant's motion to dismiss the complaint. Contrary to defendant's contention, this action is not jurisdictionally defective based on plaintiff's failure to purchase a second index number following a successful pre-action application for leave to serve a late notice of claim (see Rybka v New York...
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