Legal Opinion

Sweeney v. . City of New York

New York Court of Appeals

Decided January 14, 1919PublishedCited by 63 opinions

■ Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 1, 1916, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. There was a sufficient compliance with the statutory requirements as to notice.

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■ Appeal, by permission, from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered June 1, 1916, unanimously affirming a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. The nature of the action and the facts, so far as material, are stated in the opinion. There was a sufficient compliance with the statutory requirements as to notice. (Werner v. City of Rochester, 77 Hun, 33; 149 N. Y. 563; Beyer v. City of North Tonawanda, 183 N. Y. 338; Sheehy v. City of New York, 160 N. Y. 139; Walden v.…

1Opinion of the CourtAndrews, J.

No action to recover damages for personal injuries sustained because of its negligence maybe " maintained against the city of New York unless notice of an intention to begin such action and of the time and place where the injuries were received shall have been filed with the corporation counsel within six months after the cause of action shall have accrued. (Laws of 1886, chapter 572.)

This provision should be reasonably construed. Its purpose is to protect the city against unfounded claims by enabling its law officers to investigate promptly the circumstances surrounding the alleged accident…

2Cases cited8 opinions

  1. Missano v. Mayor of New YorkNew York Court of Appeals · 1899
  2. Gates v. . StateNew York Court of Appeals · 1891
  3. Purdy v. . City of New YorkNew York Court of Appeals · 1908
  4. Sheehy v. . City of New YorkNew York Court of Appeals · 1899
  5. Casey v. . City of New YorkNew York Court of Appeals · 1916

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3Cited by63 opinions

  1. Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
  2. Teresta v. City of New YorkNew York Court of Appeals · 1952
  3. Sandak v. Tuxedo Union School District No. 3New York Court of Appeals · 1954
  4. Ismail v. CohenDistrict Court, S.D. New York · 1989
  5. Matter of Lauer v. Bd. of ElectionsNew York Court of Appeals · 1933

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