Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, that branch of the motion which was to dismiss the complaint insofar as asserted against the appellant for failure to serve a notice of claim is granted, the cross motion is denied, the complaint is dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.
On March 31, 1999, the plaintiff allegedly...
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