Rice v. City of Mechanicville
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, George A. Rice, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Saratoga on the 13th day of December, 1919, overruling plaintiff’s demurrer to the affirmative defense set forth in the answer.
1Opinion of the Court
Woodward, J.:.The complaint alleges facts to constitute a cause of action “for negligence on the part of the defendant in the maintenance of its highways, resulting in personal injuries to the plaintiff. The defendant asserted as a defense the provisions of chapter 170 of the Laws of 1915, the charter of the defendant city, which provides in section 116 that “ no action shall be commenced against said city on any duly presented claim until after the expiration of thirty days from the presentation thereof,- nor shall any such action be maintained against said city which shall not have been…
2Cases cited1 opinion
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
3Cited by2 opinions
- Pasquale v. WoodwardAppellate Division of the Supreme Court of the State of New York · 1937
- Christian v. Village of HerkimerAppellate Division of the Supreme Court of the State of New York · 1957