Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendant's motion for summary judgment dismissing the complaint on the ground that the plaintiff failed to serve a timely notice of claim is granted, and that branch of the plaintiff's cross motion which was to deem the complaint to be a late notice of claim and to deem it to have been timely served nunc pro tunc is denied.
The plaintiff commenced this action to recover damages...
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