Mink v. City of Albany

The trial has resulted in a disagreement of the jury. Decision was reserved on the defendant’s motions which were made at the close of plaintiffs’ case and at the end of the entire case.

There was no proof of compliance by the plaintiffs with section 50-e of the General Municipal Law. The plaintiffs urge that the admission in the defendant’s answer obviated the necessity of such proof. The allegations in paragraph third of the complaint and realleged by reference in the female plaintiff’s action are as follows: 11 That the plaintiff has complied with all of the conditions precedent to the…