Duff v. Mayor of New York
The Superior Court of New York City
Appeal by plaintiff from an order dismissing the complaint and directing exceptions to be heard in the first instance at the general term. The facts are sufficiently stated in the head note.
1Per curiam
We are disposed to apply the reasoning in Meyer v. The Mayor, et al., 14 Daly, 395, and Denair v. The City of Brooklyn, 5 N. Y. Supp., 835, to the facts of this case.
The intent of the legislature must be sought, and governs. The act of 1886 and surrounding circumstances cause the opinion that it was not the legislative intent that a notice of intention other than such as is conveyed by the service of a summons and complaint should be required to be filed in cases where the action is brought within six months of the time when the cause of action accrued. Reining, et al., v. The City of…
2Cases cited3 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Babcock v. Mayor of New YorkNew York Supreme Court · 1890
- Meyer v. MayorNew York Court of Common Pleas · 1888