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MATTER OF PANDOLIANO v. NEW YORK CITY TRANSIT AUTH.

17 A.D.2d 951 (1962)

In the Matter of Frank Pandoliano, Individually and as Guardian ad Litem of Vincent Pandoliano, an Infant, Respondent, v. New York City Transit Authority, Appellant

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

November 5, 1962

Order, insofar as appealed from, affirmed on the facts and in the exercise of discretion, with costs.

The infant was injured in a subway accident on May 30, 1961. He was then 15 years of age. On June 1, 1961, his parents retained an attorney for him. On August 9, 1961, the attorney served a notice of claim; but by inadvertence he served it upon the Comptroller of the City of New York instead of on the Transit Authority, as required by the statutes mentioned. The Special...

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