[DOWNLOAD] "Matter Antonios Biberias v. New York City Transit Authority" by Court of Appeals of New York # Book PDF Kindle ePub Free
eBook details
- Title: Matter Antonios Biberias v. New York City Transit Authority
- Author : Court of Appeals of New York
- Release Date : January 19, 1970
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
[27 N.Y.2d 890 Page 891] Memorandum. The order of the Appellate Division should be reversed, with costs, and the matter remitted to the Appellate
Division pursuant to CPLR 5613 for determination of the questions of fact. (Bogle v. City of New York, 299 N. Y. 620; Cohen
and Karger, Powers of the New York Court of Appeals, § 150, p. 595.) The record before us does not compel the conclusion that,
as a matter of law, the disability of infancy was not a cause of the failure to file. In respect of applications of this nature,
we have consistently affirmed the exercise of discretion upon proper proof; and in cases in which an attorney had been retained
prior to the expiration of the period for filing, we have in some instances sustained the granting of permission and in others
have affirmed the denial thereof, as the particular record [27 N.Y.2d 890 Page 892]
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