Ordered that the order is affirmed insofar as appealed from, with costs.
The appellants acknowledge that the deceased plaintiff timely commenced the instant action and moved for leave to serve a late notice of claim. Upon his death on October 15, 2003, while this action and his motion were pending, all proceedings on the motion were stayed pending the substitution of a legal representative. Accordingly, an order dated December 24, 2003, denying the motion with leave...
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