Babinsky v. City of New York , 279 A.D. 871 ( 1952 )

There is no showing which warrants the conclusion that he was incapacitated until such time. (Matter of Haas v. Incorporated. Vil. of Cedarhurst, 272 App. Div. 1031; Matter of McEwan v. City of New York, 279 App. Div. 802.) Nolan, P. J., Carswell, Wenzel, MaeCrate and Schmidt, JJ., concur.