MATTER OF BABINSKY v. CITY OF NEW YORK


279 A.D. 871 (1952)

In the Matter of Konstanty Babinsky, Respondent, v. City of New York, Appellant

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

February 18, 1952.


Order granting petitioner's motion to serve a notice of claim nunc pro tunc reversed on the law, without costs, and motion denied, without costs.

Petitioner sustained a fractured leg on September 30, 1950. He was discharged from the hospital with a good result on December 8, 1950. He made seven trips from his home to the out-patient department of the hospital from the date of his discharge to February 22, 1951. He did not serve his

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