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MATTER MURRAY v. CITY OF NEW YORK

30 N.Y.2d 113 (1972)

In the Matter of Mildred Murray et al., Respondents, v. City of New York, Appellant.

Court of Appeals of the State of New York.

Decided March 15, 1972.

Attorney(s) appearing for the Case

J. Lee Rankin, Corporation Counsel (Bernard Burstein and Stanley Buchsbaum of counsel), for appellant.

Bernard Meyerson and Herbert J. Slater for respondent.

Chief Judge FULD and Judges BURKE, BERGAN and GIBSON concur with Judge SCILEPPI; Judge BREITEL concurs in a separate opinion in which Judge JASEN concurs.

SCILEPPI, J.

The City of New York appeals, pursuant to leave of this court, from an order of the Appellate Division, Second Department, affirming an order of the Supreme Court, Queens County, which granted the infant claimant permission to file a late notice of claim in his action against the city for alleged medical malpractice arising out of treatment at a city hospital.

As a result of injuries sustained...

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