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MATTER OF FEBLES v. CITY OF N. Y.

44 A.D.2d 369 (1974)

In the Matter of the Claim of Ramiro Febles, an Infant, by His Father and Natural Guardian, Ramiro F. Febles, et al., Appellants, v. City of New York, Respondent

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

May 9, 1974.

Attorney(s) appearing for the Case

Jules H. Kornblau (Benjamin H. Siff and Thomas R. Newman of counsel), for appellants.

Adrian P. Burke, Corporation Counsel (Jesse J. Fine of counsel), for respondent.

KUPFERMAN and TILZER, JJ., concur with NUNEZ, J. P., in separate opinions; STEUER, J., dissents in opinion, in which MURPHY, J., concurs.

NUNEZ, J.

On July 7, 1973, Ramiro Febles, the infant claimant, one month short of 18 years of age, was struck by a motorcycle while crossing an intersection. He was removed to the hospital in severe shock. His right leg was amputated. The operator of the motorcycle was killed.

Ramiro's father retained an attorney on July 20, 1973. The attorney has affirmed, under penalty of perjury, that both the infant...

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