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TORRES v. CITY OF NEW YORK

50 A.D.2d 826 (1975)

Jose A. Torres et al., Respondents, v. City of New York, Appellant, et al., Defendants

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

December 8, 1975

Order reversed, without costs, and motion denied.

None of plaintiffs' claimed disabilities are of the type necessary to permit late service of a notice of claim under subdivision 5 of section 50-e of the General Municipal Law (Matter of O'Neil v Manhattan & Bronx Surface Tr. Operating Auth., 23 A.D.2d 488). Plaintiff Mrs. Torres' inability to speak English and the city's knowledge of the potential claim are only factors...

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