MATTER OF RAUCH v. NEW YORK CITY TRANSIT AUTH.


10 A.D.2d 877 (1960)

In the Matter of Birdie Rauch et al., Appellants, v. New York City Transit Authority, Respondent

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

April 18, 1960


Order, insofar as appealed from, affirmed, with $10 costs and disbursements.

In our opinion, the claim of newly discovered injuries incurred by the appellant Birdie Rauch was not substantiated, since the attending physician advised her of such injuries immediately after the accident on March 27, 1954 and a consultant orthopedic surgeon first confirmed such diagnosis on October 17, 1956. Under the circumstances, it must be concluded that appellants unreasonably delayed...

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