Sherman v. Metropolitan Transit Authority

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 NY2d 113) mandates that this statute be read as conferring discretion on the courts vested with discretion to sustain or deny grants of permission for late filing.

We do, however, agree with the…