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MATTER OF ABIUSO v. NEW YORK CITY TRANSIT AUTH.

4 A.D.2d 876 (1957)

In the Matter of Eileen Abiuso, an Infant, by Carmine Abiuso, Her Natural Guardian, Respondent, v. New York City Transit Authority, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

October 14, 1957

Order reversed, without costs, and motion denied, without costs.

Respondent was little short of 20 years of age at the time of the accident. She first consulted a physician 25 days, and a lawyer about 120 days, after the accident. The papers on this application were served more than 60 days after the expiration of the 90-day statutory period. No showing was made that the failure to serve a notice of claim within the 90-day period was due to any of the disabilities...

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