Assuming in plaintiff's favor that he timely filed a proper notice of claim, the action would still have to be dismissed since it was not commenced within a year and 90 days after the happening of the events on which the claim is based (General Municipal Law § 50-i [1]). We view plaintiff's subsequent motion to renew or reargue as one simply for reargument, the denial of which is not appealable, since it did not present any new facts (see Lichtman v Mount Judah Cemetery...
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