Kennedy v. Mayor, Aldermen & Commonalty
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas Kennedy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 2d day of November, 1896, upon the dismissal of his complaint by direction of the court after a trial at the New York Trial Term®; also from an order made at the New York Trial Term and entered in said clerk’s office on the 28th day of October, 1896, denying the plaintiff’s motion .for a rehearing of the…
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Appeal by the plaintiff, Thomas Kennedy, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York on the 2d day of November, 1896, upon the dismissal of his complaint by direction of the court after a trial at the New York Trial Term®; also from an order made at the New York Trial Term and entered in said clerk’s office on the 28th day of October, 1896, denying the plaintiff’s motion .for a rehearing of the defendant’s motion at Trial Term which resulted in the dismissal of the plaintiff’s .complaint, and for leave to amend…
1Opinion of the Court
Barrett, J.:
The action was for personal injuries claimed to have been caused by the defendant’s negligence. The plaintiff failed to allége in his complaint the filing with the corporation counsel of a notice of intention to bring the action, specifying the time when and place where the injuries were received, as required by chapter 572 of the Laws o.f 1886. Because of the failure to so allege, the complaint was dis*312missed at the trial upon motion of the defendant’s counsel. The dismissal was right, and the judgment must be affirmed upon the authority of Babcock v. The Mayor (56 Hun, 196),…
2Cases cited3 opinions
- Babcock v. Mayor of New YorkNew York Supreme Court · 1890
- Missano v. The Mayor, Aldermen & Commonalty of the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1897
- Sheehy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Richardson v. City of SalemOregon Supreme Court · 1908
- Hamilton v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
- Zimmerman v. City of New YorkCity of New York Municipal Court · 1944