Appellate Division of the Supreme Court of New York, 1951

MacFarland v. Town of North Hempstead

MacFarland v. Town of North Hempstead
Appellate Division of the Supreme Court of New York · Decided October 1, 1951
279 A.D. 587; 107 N.Y.S.2d 15; 1951 N.Y. App. Div. LEXIS 3097
MacFarland v. Town of North Hempstead

Opinion of the Court

*588Claimant failed to show that the injuries sustained by him incapacitated him physically or mentally so as to prevent the service of a notice of claim by him or by someone on his behalf within the required time. (Matter of Johnson v. City of New York, 278 App. Div. 945; Matter of Sullivan v. Town of Babylon, 277 App. Div. 791, affd. 302 N. Y. 609; Matter of Donovan v. Board of Educ. of Peekskill Union Free School Dist., 277 App. Div. 904, affd. 301 N. Y. 739; Matter of Haas V. Incorporated Vil. of Gedarhurst, 272 App. Div. 1031, affd. 298 N. Y. 757.) Carswell, Acting P. J., Adel, Sneed, Wenzel and MacCrate, JJ., concur.

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