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MATTER OF TABAK v. CITY OF NEW YORK

167 A.D.2d 547 (1990)

In the Matter of Rose Tabak, Appellant, v. City of New York et al., Respondents

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

November 26, 1990

Ordered that the judgment is affirmed, with costs.

Since the petitioner never demonstrated that the failure to serve a timely notice of claim was caused by her son's physical or psychological disability, it cannot be said that the Supreme Court improvidently exercised its discretion in denying her application (see, Matter of Albanese v Village of Floral Park, 128 A.D.2d 611

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