Gmaehle v. Rosenberg
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Charles Gmaehle, as administrator, etc., of Charles Gmaehle, deceased, for a reargument of an appeal by the defendants Morris Rosenberg and another from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of December, 1902, denying the defendants’ motion for an order requiring the plaintiff to give security for costs.
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Motion by the plaintiff, Charles Gmaehle, as administrator, etc., of Charles Gmaehle, deceased, for a reargument of an appeal by the defendants Morris Rosenberg and another from an order of the Supreme Court, made at the New York Special Term and entered in the office of the clerk of the county of New York on the 22d day of December, 1902, denying the defendants’ motion for an order requiring the plaintiff to give security for costs. The appeal was decided in favor of the defendants at the March term of the Appellate Division, and the opinion handed down at that time is reported in 80…
1Per curiam
Our conclusion in this case, as appears from the opinion handed down March 6, 1903, was that the sufficiency of the complaint was to be determined by reference to chapter 600 of the Laws of 1902, entitled “ An act to extend and regulate the liability of employers to make compensation for personal injuries suffered by employees,” and that the failure to allege the giving of notice as required in the 2d section of that statute was a fatal omission, because the giving of such notice is a condition precedent to the maintenance of the action.” It is now insisted that the complaint was not framed…
2Cases cited1 opinion
- Hulbert v. . ClarkNew York Court of Appeals · 1891
3Cited by6 opinions
- Johnson v. RoachAppellate Division of the Supreme Court of the State of New York · 1903
- Grasso v. Holbrook, Cabot & Daly Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Williams v. RoblinAppellate Division of the Supreme Court of the State of New York · 1904
- Crosby v. Lehigh Valley R. Co.U.S. Circuit Court for the District of Western New York · 1903
- Gmaehle v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1903
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