Goglas v. New York City Housing Authority

Eager, J. (dissenting in part).

The infant here was 12 years of age. He was within the “middle period” of infancy existing between the immature years (under 10 years of age) and the riper years, of ordinary physical and mental capacity. (See Russo v. City of New York, 258 N. Y. 344; Murphy v. Village of Fort Edward, 213 N. Y. 397.) An infant in this “middle period" is not considered to have the mental capacity to protect his or her rights. (Matter of Hogan v. City of Cohoes, 279 App. Div. 282, 285.) In fact, an infant must arrive at age 14 before he is given by law the right to proceed on his…