Order insofar as appealed from unanimously reversed, without costs of this appeal to any party, and matter remitted to the Special Term for further proceedings in accordance with the memorandum.
Memorandum:
The affidavits before the Special Term were not sufficient to demonstrate that, in the father's case, the failure to serve the notice of claim in time was due to the physical incapacitation of the claimant (General Municipal Law, § 50-e). The injury...
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