Legal Opinion

Krall v. City of New York

Appellate Division of the Supreme Court of the State of New York

Decided November 15, 1899PublishedCited by 7 opinions

Appeal by the plaintiff, Caroline Krall, from á 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 12th day of May, 1899j upon the dismissal of the complaint upon the pleadings by direction of the court after a trial before the court and a jury.

1Opinion of the Court

Ingraham, J.:

The action was brought to recover for personal injuries against the city of New York. The complaint contained no allegation of *260the service of a notice of intention to commence such an action upon the counsel to the corporation, as provided for by chapter 572 of the Laws of 1886. The defendant answered without alleging that such, notice had not been served. The action was brought on for trial before a jury, and counsel for the defendant moved to dismiss the complaint on the pleadings, upon the ground that the plaintiff had not served the required notice of intention to sue as…

2Cases cited3 opinions

  1. Curry v. . City of BuffaloNew York Court of Appeals · 1892
  2. Foley v. MayorAppellate Division of the Supreme Court of the State of New York · 1896
  3. White v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1897

3Cited by7 opinions

  1. Blair v. City of Fort WayneIndiana Court of Appeals · 1912
  2. Flaxman v. City of New YorkNew York Supreme Court · 1916
  3. Gmaehle v. RosenbergAppellate Division of the Supreme Court of the State of New York · 1903
  4. Bedell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1904
  5. Watts v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1909

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