Fitzpatrick v. City of New York

The Greater New York Charter (Laws of 1901, chap. 466, § 149, as amd. by Laws of 1917, chap. 401, and Laws of 1923, chap. 667; Id. § 261, as amd. by Laws of 1912, chap. 452) provides that one suing the city may not recover unless, after a notice provided for therein is served by the comptroller, an opportunity is given him to examine the claimant so that he may decide whether he will settle or adjust the claim.

At the trial of this case an assistant corporation counsel testified that, though properly served with such notice, plaintiff failed to appear for examination; that someone called him…