Order affirmed, with costs.
On a prior appeal in this matter, this court reversed an order of Special Term (Lodato, J.), which had denied, without prejudice, the petitioner's application for leave to serve a late notice of claim pursuant to General Municipal Law § 50-e (5) solely on the ground that he had failed to establish that he was physically incapacitated. We found that the physical incapacity of the petitioner, who was rendered a quadriplegic in the accident...
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