Ordered that the order is reversed, on the law, with costs, that branch of the defendant's motion which was to dismiss the complaint pursuant to CPLR 3211 (a) on the ground that the allegations in the complaint did not conform to the allegations in the notice of claim is denied, and the matter is remitted to the Supreme Court, Westchester County, for a determination of that branch of the defendant's motion which was for summary judgment dismissing the complaint.
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