
    In the Matter of Konstanty Babinsky, Respondent, against City of New York, Appellant.
   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.  