Opinion
November 18, 1969
Order filed October 10, 1968, granting plaintiffs permission to file late notice of claim against the city pursuant to section 50-e Gen. Mun. of the General Municipal Law, unanimously reversed on the law and facts, with $30 costs and disbursements to the appellant, and the motion denied. Plaintiffs have failed to establish the failure to file timely notices was due to physical incapacity. ( Matter of Smith v. New York City Tr. Auth., 18 A.D.2d 10; Matter of Jones v. City of New York, 30 A.D.2d 938.) No excuse is offered for the failure of the plaintiff husband to file a notice within the prescribed period.
Concur — Capozzoli, J.P., McGivern, McNally and Steuer, JJ.