Plaintiff has failed to assert any facts under which the court, pursuant to subdivision 5 of section 50-e of the General Municipal Law, could excuse her failure to serve a notice of claim for the wrongful death of her intestate within the statutory period. (See Mulligan v. City of New York, 273 App. Div. 152, 153.) The proposed cause of action for conscious pain and suffering accrued during the lifetime of the intestate, and as to this claim the court in its discretion...
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