Ordered that the order is reversed insofar as appealed from, on the law and as a matter of discretion, with costs, and that branch of the petitioner's application which was for leave to serve upon the appellant a late notice of claim is denied.
The Supreme Court improvidently exercised its discretion in granting that branch of the petitioner's application which was for leave to serve upon the appellant a late notice of claim one year after the accident. Even accepting...
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