Ordered that the order is reversed, on the law, with costs to the appellant payable by the plaintiff, the motion is granted, the cross motion is denied, the complaint and all cross claims are dismissed insofar as asserted against the appellant, and the action against the remaining defendants is severed.
Service of a notice of claim within 90 days after accrual of the claim is a condition precedent for commencing an action against the City of New York (see General...
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