MATTER OF SULLIVAN v. TOWN OF BABYLON


277 A.D. 791 (1950)

In the Matter of Elizabeth Sullivan, Respondent, v. Town of Babylon, Suffolk County, et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

May 22, 1950.


Order reversed on the law and the facts, without costs, and the motion denied, without costs.

There is no showing that claimant's age or her injuries physically incapacitated her, or even required her to remain at home during the sixty-day limitation period, so as to prevent her from serving a notice of claim sworn to by her or by someone in her behalf. (Matter of Haas v. Incorporated Vil. of Cedarhurst, 272 App. Div. 1031, affd. 298 N.Y. 757;

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