Order modified on the law, by deleting the provision thereof granting the cross motion, and substituting therefor provisions granting the motion, denying the cross motion, and dismissing the action as against the appellant and severing the action as to the nonmunicipal defendants. As so modified, order affirmed, without costs or disbursements.
The plaintiff's application to serve a late notice of claim was made after the expiration of the one-year and 90-day Statute of Limitations with regard to the plaintiff's claim against the City of New York. As such, Special Term was without authority to grant leave to serve a late notice of claim, absent a finding of an equitable estoppel (see, General Municipal Law § 50-e; Pierson v City of New York, 56 N.Y.2d 950; Ferrara v Terryville Fire Dist., 110 A.D.2d 749). The record is barren of any facts to support a finding of an equitable estoppel against the defendant City of New York. Accordingly, the motion by the city to dismiss the complaint as to it is granted and the cross motion for leave to serve a late notice of claim is denied. Thompson, J.P., Niehoff, Eiber and Spatt, JJ., concur.