Flaxman v. City of New York

This is an action to enjoin the operation of an elevated railroad in front of plaintiff’s premises and to recover the damages suffered by reason of its construction and existence. The defendant moves for judgment on the pleadings, claiming the complaint does not state a cause of action. The defect alleged is the failure to plead that the plaintiff’s claim was presented to the comptroller more than thirty days before the commencement of the action and that a notice of intention to sue was served upon the comptroller within six months after the cause of action accrued. It is contended by the…