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SOBELMAN v. CITY OF NEW YORK

33 A.D.2d 671 (1969)

Jeanette Sobelman et al., Respondents, v. City of New York, Appellant

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

November 18, 1969

Order filed October 10, 1968, granting plaintiffs permission to file late notice of claim against the city pursuant to section 50-e of the General Municipal Law, unanimously reversed on the law and facts, with $30 costs and disbursements to the appellant, and the motion denied.

Plaintiffs have failed to establish the failure to file timely notices was due to physical incapacity. (Matter of Smith v. New York City Tr. Auth., 18 A.D.2d 10

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