Bowers v. Village of South Glens Falls
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtFoster, J.
On the evening of June 6, 1939, plaintiff tripped and fell over a section of flagstone which projected several inches above the ground on First street in the village of South Glens Falls. For injuries sustained as a result óf this fall she has recovered a judgment upon the verdict of a jury. Defendant appeals from this judgment and the order denying a motion to dismiss the complaint.
The main point at issue is whether plaintiff’s conceded failure to file a written statement of her claim within thirty days after her cause accrued requires a dismissal of the complaint. Section 341 of the Village…
2Cases cited4 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Koehler v. City of New YorkNew York Court of Appeals · 1933
- Adonnino v. Village of Mount MorrisNew York Supreme Court · 1939
- Gerow v. Village of LibertyAppellate Division of the Supreme Court of the State of New York · 1905
3Cited by4 opinions
- Christian v. Village of HerkimerAppellate Division of the Supreme Court of the State of New York · 1957
- Bessant v. StateNew York Court of Claims · 1948
- Grossman v. Janette H. Corp.Appellate Division of the Supreme Court of the State of New York · 1963
- Zihal v. Staten Island Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1954