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MATTER OF BIBERIAS v. NEW YORK CITY TRANSIT AUTH.

36 A.D.2d 608 (1971)

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

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

February 25, 1971

On remittitur from the Court of Appeals (27 N.Y.2d 890) we are to determine the questions of fact. In 33 A.D.2d 671, we reversed on the law the order of July 11, 1969 which permitted the late filing of a notice of claim on the part of an infant. The Court of Appeals reversed and remitted the matter to us pursuant to CPLR 5613 for determination on the facts. We hold the Authority had notice within the...

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