Bogart v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary C. Bogart, as administratrix, etc., from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Richmond, on the 30th day of January, 1908, upon the dismissal of the complaint by direction of the court after a trial at the Richmond Trial Term. . The action was for damages for the death of the plaintiff’s intestate by the alleged negligence of the defendant.
1Opinion of the Court
Gaynor, J.:
The complaint was dismissed on the trial on the ground, that the plaintiff had failed to prove that she had filed with the corporation counsel notice of intention to commence the action as required by chapter 572 of the Laws of 1886. There was no such issue. It was alleged in the 18th subdivision of the amended complaint that such notice had been filed. There was no denial of this in the answer. The denial that the defendant “ has any knowledge or information sufficient to form a belief as to any of the allegations in said amended complaint ”, except, etc., was not a denial of it.…
2Cases cited2 opinions
- Rochkind v. PerlmanAppellate Division of the Supreme Court of the State of New York · 1908
- City of New York v. . MatthewsNew York Court of Appeals · 1904
3Cited by3 opinions
- Weiskopf v. City of Saratoga SpringsAppellate Division of the Supreme Court of the State of New York · 1935
- Bloch v. BlochAppellate Division of the Supreme Court of the State of New York · 1909
- Bogart v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909