Dismissal of the complaint is warranted, since plaintiffs notice of claim was not served within 90 days of the date on which her claim arose (General Municipal Law § 50-e [a]), and she failed to timely move for leave to serve a late notice of claim within one year and 90 days after the claim arose (General Municipal Law § 50-e; Pierson v City of New York, 56 NY2d 950, 954). Defendants were not required to raise the late filing as an affirmative defense ( see Maxwell v City of New York, 29 AD3d 540), nor were they estopped from seeking dismissal of the complaint on this ground ( see Walker v New York City Health Hosps. Corp., 36 AD3d 509; Rodriguez v City of New York, 169 AD2d 532).