Meyer v. Mayor
New York Court of Common Pleas
Appeal from a judgment of this court entered upon the dismissal of a complaint. The action was for damages for injuries sustained in falling into a basin or culvert in the sidewalk in front of No. 44 Beach Street in New York City.
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Appeal from a judgment of this court entered upon the dismissal of a complaint. The action was for damages for injuries sustained in falling into a basin or culvert in the sidewalk in front of No. 44 Beach Street in New York City. The defense was a denial of the facts alleged and of any negligence on the part of defendant; an averment of contributory negligence; and a denial “ that the plaintiff caused to be filed with the counsel to the corporation of the City of New York within six months after the cause of action herein accrued notice of his intention to commence this action and of the…
1Opinion of the Court
J. F. Daly, J. — [After stating the facts as above.]—
The object of the enactment in question is manifest; it is to enable the counsel to the corporation to make such inquiries into the circumstances of any accident which is to be made the basis of an action against the city, as may be necessary to prepare a defense to such action. It is an enactment of a different character from that which requires the presentment of the claim to the comptroller at least thirty days before the commencement of the action (Consol. Act 1882 § 1104).
The object of the latter statute, as appears from its terms, is…
2Cited by5 opinions
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- Learned v. Mayor of New YorkNew York Supreme Court · 1897
- Bauer v. City of BuffaloNew York Supreme Court · 1892
- Duff v. Mayor of New YorkThe Superior Court of the City of New York and Buffalo · 1891
- Duff v. Mayor of New YorkThe Superior Court of New York City · 1891