MATTER OF BIBERIAS v. NEW YORK CITY TRANSIT AUTH.


33 A.D.2d 671 (1969)

In the Matter of Antonios Biberias, as Father and Natural Guardian of Joanna Biberias, Respondent, v. New York City Transit Authority, Respondent-Appellant

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

November 18, 1969


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.

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...

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