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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