The court properly granted defendant's motion to dismiss and denied plaintiffs' cross motion to deem the notice of claim timely served nunc pro tunc because plaintiffs failed to show that defendant received a notice of claim by facsimile within 90 days of the accident.
Plaintiff's submission of an affidavit by an associate of plaintiffs' former counsel, who asserted that he sent the notice of claim to defendant on October 20, 2011 by facsimile, was insufficient to...
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