MATTER OF WASHINGTON v. NEW YORK CITY HOUS. AUTH.


78 A.D.2d 860 (1980)

In the Matter of Randolph Washington, Respondent, v. New York City Housing Authority, Appellant

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

November 3, 1980


Order reversed, without costs or disbursements, and proceeding remitted to Special Term for a new determination in accordance herewith.

On this record, petitioner's claim that mental and physical incapacity caused his failure to timely serve a notice of claim is not sufficiently established. However, in view of the seriousness of the injuries, we remit the proceeding to Special Term for a new determination, with leave to petitioner to submit (1) further affidavits...

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