Opinion
October 30, 1969
Appeal from the Cattaraugus Trial Term.
Present — Del Vecchio, J.P., Marsh, Gabrielli, Moule and Bastow, JJ.
Order unanimously reversed on the law and facts, without costs, and motion denied. Memorandum: In our view the application to serve a notice of claim was not made within a reasonable time after plaintiff's recovery from the disability relied on as her excuse for failure to serve the notice within the time prescribed by section 50-e Gen. Mun. of the General Municipal Law. (See Russell v. Board of Educ. of Union Free School, Dist. No. 2, Town of Geddes, 274 App. Div. 841; Matter of Ruskin v. City of New York, 271 App. Div. 934; Matter of Fabiani v. Town of North Hempstead, 272 App. Div. 1016).