Ordered that the order is reversed insofar as appealed from, on the law and in the exercise of discretion, with costs, that branch of the application which was to serve a late notice of claim upon the appellants is denied, and the proceeding is dismissed insofar as asserted against the appellants.
Timely service of a notice of claim is a condition precedent to the commencement of an action sounding in tort against the New York City Transit Authority, the Metropolitan...
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