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MATTER ANTONIOS BIBERIAS v. NEW YORK CITY TRANSIT AUTHORITY (11/18/69)

SUPREME COURT OF NEW YORK, APPELLATE DIVISION, FIRST DEPARTMENT


November 18, 1969

IN THE MATTER OF ANTONIOS BIBERIAS, AS FATHER AND NATURAL GUARDIAN OF JOANNA BIBERIAS, RESPONDENT,
v.
NEW YORK CITY TRANSIT AUTHORITY, RESPONDENT-APPELLANT

Concur -- Stevens, P. J., Eager, Tilzer, Markewich and McNally, JJ.

Although the claimant was an infant, but six years of age, at the time of the accident, an attorney was retained to represent her many days before the expiration of the statutory period fixed for service of a notice of claim. Therefore, the failure to serve a timely notice within the 90-day period prescribed by section 50-e of the General Municipal Law was not attributable to the infant's disability. (See Matter of Goglas v. New York City Housing Auth., 13 A.D.2d 939, affd. 11 N.Y.2d 680; Matter of Shankman v. New York City Housing Auth., 21 A.D.2d 968, affd. 16 N.Y.2d 500; Matter of Weber v. New York City Tr. Auth., 28 A.D.2d 685; Anderson v. County of Nassau, 31 A.D.2d 761.)

Disposition

Order, entered July 11, 1969, unanimously reversed, on the law, without costs and without disbursements, and motion by personal injury claimant to file late notice of claim denied without costs.

19691118

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