MATTER OF CILENTO v. CITY OF NEW YORK


284 A.D. 891 (1954)

In the Matter of Dorothy Cilento, Respondent, v. City of New York, Appellant

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

October 4, 1954.


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

The failure to make timely service was not shown to have been by reason of mental or physical incapacity or infancy. The record does not furnish a basis for the exercise of judicial discretion in favor of the claimant. (Matter of Halloran v. Board of Educ. of City of N. Y., 271 App. Div. 830; Matter of Coyle v. New York City Tr. Auth., 283 App...

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