Majority
p. 1011In the Matter of Mary M. Seagrist et al., Respondents, against Comptroller of the City of New York, Appellant.
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 motion denied. Present — Peck, P. J., Glennon, Dore, Van Voorhis and Bergan, JJ.