Ordered that the order is reversed, on the facts and in the exercise of discretion, with costs, that branch of the plaintiff's motion which was to deem a late notice of claim timely served nunc pro tunc is granted, that branch of the motion which was for leave to serve a late notice of claim is denied as unnecessary, and the defendant's cross motion to dismiss the complaint for failure to timely serve a notice of claim is denied.
The plaintiff was born via emergency...
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