Ordered that the order is reversed insofar as appealed from, on the facts and in the exercise of discretion, with costs, and that branch of the petition which was for leave to serve a late notice of claim with respect to the claim alleging conscious pain and suffering or, in effect, to deem so much of the late notice of claim as alleged conscious pain and suffering timely served nunc pro tunc is denied.
On January 18, 2014, the petitioner's decedent died at the appellants...
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