McCarton v. City of New York
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Edward F. McCarton, as administrator, etc., for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance upon the dismissal of the complaint by direction of the court at the close of plaintiff’s case on a trial at the New York Trial Term in October, 1911.
1Opinion of the Court
Laughlin, J.:
Counsel for the defendants attempt to sustain the action of the trial court upon the ground that the complaint fails to allege facts showing a compliance with the requirements of chapter 572 of the Laws of 1886 with respect to filing a notice of intention to bring the action with the corporation counsel and of section 261 of the Greater New York charter (Laws of 1901, chap. 466, as amd. by Laws of 1907, chap. 677) with respect to the presentation of the claim to the comptroller. It is alleged in the complaint that due notice of the accident and of the claim arising thereunder and…
2Cases cited8 opinions
- Ahern v. . SteeleNew York Court of Appeals · 1889
- Ham v. Mayor of New YorkNew York Court of Appeals · 1877
- Uggla v. BrokawAppellate Division of the Supreme Court of the State of New York · 1907
- Bieling v. . City of BrooklynNew York Court of Appeals · 1890
- Wahrman v. . Board of EducationNew York Court of Appeals · 1907
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3Cited by8 opinions
- Van Dyke v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1922
- Anderson v. Board of Education of FargoNorth Dakota Supreme Court · 1922
- Solomon v. Red River Lumber Co.California Court of Appeal · 1922
- Katz v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1914
- Laing v. HudgensAppellate Terms of the Supreme Court of New York · 1913
3 more not listed; retrieve them via the Exa API.