Pulitzer v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of New York on the 20th day of November, 1899, upon the decision of the court rendered after a trial at the New York Special Term overruling said defendant’s demurrer to the complaint.
1Opinion of the Court
O’Brien, J.:
This is an action brought to recover damages for loss suffered by plaintiff caused, as alleged, by the negligence of the defendant.
The defendant demurred to tire complaint on the ground that it did not state facts sufficient to constitute a cause of action, and the question to be decided iqion this appeal is, whether it is necessary in an action ex delicto to allege compliance with section 261 of the Greater New York charter.
The section reads as follows : “ No action or special proceeding, for, any cause whatever, shall be prosecuted or maintained against The City of New York,…
2Cases cited14 opinions
- Harrington v. SmithWisconsin Supreme Court · 1871
- Kelley v. City of MadisonWisconsin Supreme Court · 1878
- Minick v. . City of TroyNew York Court of Appeals · 1881
- Knox v. Mayor of New YorkNew York Supreme Court · 1868
- People Ex Rel. Outwater v. . GreenNew York Court of Appeals · 1874
9 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Alouette Fashions, Inc. v. Consolidated Edison Co.Appellate Division of the Supreme Court of the State of New York · 1986
- People ex rel. Makin v. WalterAppellate Division of the Supreme Court of the State of New York · 1965
- People v. GlynnNew York Supreme Court · 1907
- Schieffelin v. LearyAppellate Division of the Supreme Court of the State of New York · 1927
- Halsey v. Henry Jewett Dramatic Co.Appellate Division of the Supreme Court of the State of New York · 1906
9 more not listed; retrieve them via the Exa API.