Summary
In Matter of Garrido v. City of New York (272 A.D. 756), the claimant failed to produce facts showing physical incapacity.
Summary of this case from Matter of Christian v. Village of HerkimerOpinion
April 3, 1947.
Present — Martin, P.J., Glennon, Dore, Cohn and Peck, JJ.; Glennon and Cohn, JJ., dissent and vote to affirm. Settle order on notice.
On the facts disclosed claimant was not mentally or physically incapacitated within the meaning of subdivision 5 of section 50-e Gen. Mun. of the General Municipal Law. Order reversed, with $20 costs and disbursements to the appellant, and the motion denied.