In re Brown

Patterson, J.:

The petition submits the following three questions for determination, pursuant to the provisions of subdivision 5 of section 205 of the General Municipal Law:

First. Is the failure of the injured persons to serve the statutory-written notice upon the municipality liable for their compensation, by reason of the provisions of subdivision 3, section 205 of the General Municipal Law (as added by Laws of 1920, chap. 617, and amd. by Laws of 1921, chap. 190),* jurisdictional or may it be excused?

Second. Is it necessary, under said act, for the claimants seeking compensation to…