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BARCHET v. NEW YORK CITY TR. AUTH.

20 N.Y.2d 1 (1967)

Elizabeth Barchet, Appellant, v. New York City Transit Authority, Respondent.

Court of Appeals of the State of New York.

Decided May 25, 1967.

Attorney(s) appearing for the Case

Sol Lefkowitz and Albert Averbach for appellant.

Edward W. Sommers, Sidney Brandes, Helen R. Cassidy and Abraham Satran for respondent.

Chief Judge FULD and Judges VAN VOORHIS, BURKE and BERGAN concur with Judge KEATING; Judge BREITEL dissents and votes to affirm in an opinion in which Judge SCILEPPI concurs.

KEATING, J.

Elizabeth Barchet commenced an action against the New York City Transit Authority on March 22, 1965 to recover for injuries sustained on December 23, 1963, as a result of the alleged negligent operation of its rapid transit lines.

Since the action was brought after the one year provided for the commencement of such actions under section 1212 of the Public Authorities Law, the defendant moved...

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