Opinion
November 28, 1951.
Appeal from County Court of the County of Delaware.
Present — Foster, P.J., Heffernan, Brewster, Bergan and Coon, JJ.
The previous order granting leave to file the claim was made by default. The default has not been adequately excused nor has the default been reopened. However, upon the merits the uncontradicted medical proof would justify the lower court in finding that the claimant-respondent was physically incapacitated and was suffering from such a mental instability that she was incapable of transacting any business during the sixty-day period. The order was discretionary, and we may not say that the lower court abused its discretion. Order unanimously affirmed, with $10 costs.