Ordered that the order is modified, on the facts and as a matter of discretion, by deleting the provision thereof which, upon reargument, granted the infant plaintiff's motion to serve a late notice of claim nunc pro tunc, and substituting therefor a provision, which, upon reargument, adheres to the original determination in the order dated October 24, 2003, denying the motion; as so modified, the order is affirmed, with costs to the appellant.
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