HOROWITZ v. VILL. OF MONTICELLO


18 A.D.2d 947 (1963)

Joseph Horowitz et al., Respondents, v. Village of Monticello, Appellant

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

February 7, 1963


The bare allegations that, for some part of the 90-day period within which the claim should have been filed, respondent wife was first hospitalized and then partially confined to her home by reason of some undisclosed condition afford no basis for the relief to be accorded a claimant who "is mentally or physically incapacitated, and by reason of such disability fails to serve a notice of claim within the time specified" (General Municipal Law, § 50-e, subd. 5; Matter...

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