Biberias v. New York City Transit Authority

Appellate Division of the Supreme Court of New York

Biberias v. New York City Transit Authority

33 A.D.2d 671, 305 N.Y.S.2d 88, 1969 N.Y. App. Div. LEXIS 2835

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 18, 1969

StatusPublished

This text of 33 A.D.2d 671 (Biberias v. New York City Transit Authority) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Biberias v. New York City Transit Authority, 33 A.D.2d 671, 305 N.Y.S.2d 88, 1969 N.Y. App. Div. LEXIS 2835 (N.Y. Ct. App. 1969).

Pincite

Opinion

Order, entered July 11, 1969, unanimously reversed, on the law, without costs and without disbursements, and motion by personal injury claimant to file late notice of claim denied without costs. Although the claimant was an infant, but six years of age, at the time of the accident, an attorney was retained to represent her many days before the expiration of the statutory period fixed for service of a notice of claim. Therefore, the failure to serve a timely notice within the 90-day period prescribed by section 50-e of the General Municipal Law was not attributable to the infant’s disability. (See Matter of Goglas v. New York City Housing Auth., 13 A D 2d 939, affd. 11 N Y 2d 680; Matter of Shankman v. New York City Housing Auth., 21 A D 2d 968, affd. 16 N Y 2d 500; Matter of Weber v. New York City Tr. Auth., 28 A D 2d 685; Anderson v. County of Nassau, 31 A D 2d 761.) Concur — Stevens, P. J., Eager, Tilzer, Markewich and McNally, JJ.

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Order, entered July 11, 1969, unanimously reversed, on the law, without costs and without disbursements, and motion by personal injury claimant to file late notice of claim denied without costs. Although the claimant was an infant, but six years of age, at the time of the accident, an attorney was retained to represent her many days before the expiration of the statutory period fixed for service of a notice of claim. Therefore, the failure to serve a timely notice within the 90-day period prescribed by section 50-e of the General Municipal Law was not attributable to the infant’s disability. (See Matter of Goglas v. New York City Housing Auth., 13 A D 2d 939, affd. 11 N Y 2d 680; Matter of Shankman v. New York City Housing Auth., 21 A D 2d 968, affd. 16 N Y 2d 500; Matter of Weber v. New York City Tr. Auth., 28 A D 2d 685; Anderson v. County of Nassau, 31 A D 2d 761.) Concur — Stevens, P. J., Eager, Tilzer, Markewich and McNally, JJ.

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Bluebook (online)

33 A.D.2d 671, 305 N.Y.S.2d 88, 1969 N.Y. App. Div. LEXIS 2835, Counsel Stack Legal Research, https://law.counselstack.com/opinion/biberias-v-new-york-city-transit-authority-nyappdiv-1969.