Joseph v. McVeigh
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCallahan, J.
Plaintiff’s intestate was injured on March 3, 1953, and died later on the same day. The complaint alleges two causes of action in tort against the City of New York '(and others) for (1) conscious pain and suffering, and (2) wrongful death.
The city has pleaded as a separate defense to both causes of action that plaintiff has failed to comply with section 50-e of the General Municipal Law, which provides, in substance, that in any case founded on tort notice of claim must be given to the municipality within ninety days “ after the claim arises.” The statute further provides that when a person…
2Cases cited11 opinions
- Crapo v. . City of SyracuseNew York Court of Appeals · 1906
- Winbush v. City of Mount VernonNew York Court of Appeals · 1954
- Holmes v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1945
- Holmes v. City of New YorkNew York Court of Appeals · 1945
- Barnes v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1897
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Brennan v. City of New YorkNew York Court of Appeals · 1983
- Buduson v. CurtisAppellate Division of the Supreme Court of the State of New York · 1955
- Erickson v. Town of HendersonAppellate Division of the Supreme Court of the State of New York · 1968
- Gibbons v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1982
- Waterman v. StateNew York Court of Claims · 1962
14 more not listed; retrieve them via the Exa API.