SHERMAN v. METRO. TRANSIT AUTH.


44 A.D.2d 533 (1974)

Sally Sherman, Individually and as Natural Guardian of Steven Sherman, Appellant, v. Metropolitan Transit Authority, Respondent

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

March 19, 1974


The claimant, aged 18, through his mother retained counsel in connection with a subway accident injury, and counsel maintains there was a proper and timely notice of claim under section 50-e of the General Municipal Law. However, the postmark bears a date after the 90 days, and it arrived almost two weeks after the 90-day period. We indulge in the presumption of an impediment attending infancy, which Matter of Murray v. City of New York (30 N.Y.2d...

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