Claim of Sullivan v. City of Watervliet

-Appeal from an order of the Supreme Court at Special Term, granting leave to petitioner-respondent to serve a notice .of claim upon the City of Watervliet for damages occasioned by personal injuries allegedly sustained because of the negligence of the city, after the expiration of the ninety-day period. This is a discretionary order permitted by subdivision 5 of section 50-e of the General Municipal Law where a timely filing is prevented by the mental or physical incapacity of the claimant. The moving papers, including the affidavits of ‘two physicians, disclose that claimant was both…