Williams v. Village of Port Chester
Appellate Division of the Supreme Court of the State of New York
Appeal from special term, Westchester comity. Action by Charles H. Williams against the village of Port Chester. From an interlocutory judgment overruling defendant’s demurrer to the complaint, it appeals.
1Opinion of the CourtWoodward, J.
The plaintiff seeks to recover damages resulting from a fall upon an icy sidewalk of the defendant. The defendant demurs on the ground that the complaint does not state facts sufficient to constitute a cause of action, and the demurrer has been overruled. The defendant appeals to' this court.
The immediate question involved and argued upon this appeal is whether the complaint alleges timely notice to the village in accordance with section 16, tit. 7, of the village charter (chapter 623, Laws 1894), which provides that no action of this character can be maintained “unless the same shall be…
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