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MATTER OF SEAGRIST v. COMPTROLLER OF CITY OF NEW YORK

281 A.D. 1011 (1953)

In the Matter of Mary M. Seagrist et al., Respondents, v. Comptroller of the City of New York, Appellant

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

May 5, 1953.

The late filing of the notice of claim has not been shown to be due to any incapacity of the claimants or other reason which is a ground for excepting late filing under subdivision 5 of section 50-e of the General Municipal Law.

Order unanimously reversed, with $20 costs and disbursements to the appellant, and the...

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