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  5. 27 N.Y.2d 890 (1970)
 

MATTER OF BIBERIAS v. NEW YORK CITY TRANSIT AUTH.

27 N.Y.2d 890 (1970)

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

Court of Appeals of the State of New York.

Decided November 19, 1970.

Attorney(s) appearing for the Case

Floyd Klapper for appellant.

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

Chief Judge FULD and Judges BURKE SCILEPPI, BERGAN, BREITEL, JASEN and GIBSON concur.

MEMORANDUM.

The order of the Appellate Division should be reversed, with costs, and the matter remitted to the Appellate Division pursuant to CPLR 5613 for determination of the questions of fact. (Bogle v. City of New York, 299 N.Y. 620; Cohen and Karger, Powers of the New York Court of Appeals, § 150, p. 595.) The record before us does not compel the conclusion that, as a matter of law, the disability of infancy...

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