Sherman v. Metropolitan Transit Authority

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.

Argued February 10, 1975.

Decided March 26, 1975.

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…