Opinion
November 14, 1951.
Appeal from Court of Claims.
Claimants were injured on January 22, 1950, when their car skidded upon ice on a State highway and collided with another car on a bridge. On the way to the hospital in an ambulance claimants sustained a second accident. Both claimants were confined to the hospital for a period of one month and were then removed to their home by ambulance. Claimant Anita Marie Crofut was confined to her bed at home for a period of twenty-four weeks. Claimant David George Crofut was confined to his home for substantially four months. Both claimants were under the care of a physician until August 20, 1950. The affidavit of this attending physician describes the serious injuries sustained by each claimant, and expresses his opinion that neither claimant "was in any proper mental or physical condition to assume their regular duties or jobs in a wholly normal manner" during all of the time they were under his care. Lack of knowledge or prejudice on the part of the State is not claimed. On December 20, 1950, claimants made motions returnable on January 22, 1951, for an order pursuant to section 10 CTC of the Court of Claims Act, permitting them to file claims. The motions were denied solely on the ground that claimants failed to present sufficient excuse for their failure to file within the ninety-day period. We think the undisputed moving papers setting forth the mental and physical condition of each claimant present "a reasonable excuse for the failure to file the notice of intention". ( Rugg v. State of New York, 278 App. Div. 216.) Orders reversed, on the law and facts, with $10 costs, and motions granted. Foster, P.J., Heffernan, Bergan and Coon, JJ., concur; Brewster, J., dissents.