Opinion
January 21, 1952.
On September 23, 1950, respondent was injured when he fell or was thrown onto the tracks of a subway operated by the City of New York. He was discharged from the hospital on November 8, 1950. On or about March 1, 1951, he retained an attorney. On May 15, 1951, two and one-half months thereafter, he sought to validate a notice of claim served without authority on the comptroller on March 30, 1951. Physical and mental disability were given as the reasons for failure to serve said notice within the required time. The appeal is from the order granting the application. Order reversed on the law and the facts, without costs, and the motion denied, without costs. The petitioner failed to give any explanation for the delay in applying to the court after consultation with his attorney. ( Matter of De Crescenzo v. City of New York, 274 App. Div. 889; Matter of Blank v. City of New York, 273 App. Div. 812.) Nolan, P.J., Carswell, Adel, MacCrate and Schmidt, JJ., concur.