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SHERMAN v. METRO. TRANSIT AUTH.

36 N.Y.2d 776 (1975)

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

Court of Appeals of the State of New York.

Decided March 26, 1975.

Attorney(s) appearing for the Case

John G. de Roos and Helen R. Cassidy for appellant.

Ronald H. Mandel for respondent.

Chief Judge BREITEL and Judges JASEN, JONES, WACHTLER, FUCHSBERG and COOKE concur; Judge GABRIELLI dissents and votes to reverse in a separate opinion.

MEMORANDUM.

The order of the Appellate Division should be modified, without costs, in the following memorandum:

While a literal construction of section 50-e of the General Municipal Law would require a causal connection between the disability of the infancy and the failure to file a claim within the time prescribed, long precedent and the policy expressed in Matter of Murray v City of New York (30 N.Y.2d 113) mandates...

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