Rogers v. . Village of Port Chester
New York Court of Appeals
Appeal, in each of the above-entitled actions, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 7, 1921, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial.
Read the full summary
Appeal, in each of the above-entitled actions, from an order of the Appellate Division of the Supreme Court in the second judicial department, entered January 7, 1921, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The notice of claim of the plaintiff Lyman B. Jordan having failed to state the time when he received his injuries was inadequate and insufficient and prevents any recovery by him. (Tynan v. City of New York, 223 N. Y. 596; Winter v. City of Niagara Falls, 190 N. Y. 198; Carson v. Village…
1Opinion of the CourtPound, J.
Each of the above-entitled actions was brought to recover damages for personal injuries arising out of an accident of which the negligencee of the defendant was alleged to be the cause.
The only question to be considered is whether the plaintiffs complied with the provisions of the village charter (L. 1868, ch. 818, as amended by L. 1894, ch. 623, title 7, § 16) relative to the presentation of claims for personal injuries against the village. The section reads as follows:
“ § 16. No action or proceeding shall be brought or commenced, or instituted or maintained against the village for personal…
2Cases cited7 opinions
- Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
- Sweeney v. . City of New YorkNew York Court of Appeals · 1919
- Forsyth v. . City of OswegoNew York Court of Appeals · 1908
- Sheehy v. . City of New YorkNew York Court of Appeals · 1899
- Weisman v. . City of New YorkNew York Court of Appeals · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Ponsrok v. City of YonkersNew York Court of Appeals · 1930
- C.S.A. Contracting Corp. v. New York City School Construction AuthorityNew York Court of Appeals · 2005
- United States ex rel. Hallenbeck v. Fleisher Engineering & Construction Co.Court of Appeals for the Second Circuit · 1939
- Lupinski v. Village of IlionAppellate Division of the Supreme Court of the State of New York · 1977
- Board of Cooperative Educational Services v. GoldinAppellate Division of the Supreme Court of the State of New York · 1972
18 more not listed; retrieve them via the Exa API.