Order granting petitioner's motion to serve a notice of claim nunc pro tunc reversed on the law, without costs, and motion denied, without costs. Petitioner sustained a fractured leg on September 30, 1950. He was discharged from the hospital with a good result on December 8, 1950. He made seven trips from his home to the out-patient department of the hospital from the date of his discharge to February 22, 1951. He did not serve his notice of motion for permission to serve a belated notice of claim until July 9, 1951. 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, MacCrate and Schmidt, JJ., concur.