MATTER OF SMITH v. N. Y. C. TR. AUTH.


18 A.D.2d 10 (1963)

In the Matter of Stanley Smith, Respondent, v. New York City Transit Authority, Appellant

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

February 26, 1963.


Attorney(s) appearing for the Case

Abraham Satran of counsel (Helen R. Cassidy with him on the brief; Sidney Brandes, attorney), for appellant.

Louis S. Zappulla for respondent.

RABIN, J. P., McNALLY, STEVENS, EAGER and STEUER, JJ., concur.


Per Curiam.

Defendant appeals from an order of Special Term granting plaintiff's motion for leave to serve a notice of claim. The accident occurred on July 28, 1961. Notice was not served until July 13, 1962. Plaintiff claims that he was incapacitated during this period and hence excused. If his claim is justified the result he envisages follows (Volpe v. City of New York, 9 A.D.2d 786

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