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MATTER OF McGRATH v. COUNTY OF ORANGE

277 A.D. 1003 (1950)

In the Matter of Alexander McGrath, Respondent, v. County of Orange, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 23, 1950.

Order reversed on the law and the facts, with $10 costs and disbursements, and the motion denied, without costs.

There is no showing that respondent's injuries physically or mentally incapacitated him during the sixty-day period of limitation, so as to prevent him from serving a notice of claim. (Matter of Sullivan v. Town of Babylon, 277 App. Div. 791; Matter of Haas v. Incorporated Vill. of Cedarhurst, 298 N.Y. 757.) It affirmatively appears that forty...

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