Legal Opinion

Bowers v. Village of South Glens Falls

Appellate Division of the Supreme Court of the State of New York

Decided October 31, 1940PublishedCited by 4 opinions

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

  1. McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
  2. Koehler v. City of New YorkNew York Court of Appeals · 1933
  3. Adonnino v. Village of Mount MorrisNew York Supreme Court · 1939
  4. Gerow v. Village of LibertyAppellate Division of the Supreme Court of the State of New York · 1905

3Cited by4 opinions

  1. Christian v. Village of HerkimerAppellate Division of the Supreme Court of the State of New York · 1957
  2. Bessant v. StateNew York Court of Claims · 1948
  3. Grossman v. Janette H. Corp.Appellate Division of the Supreme Court of the State of New York · 1963
  4. Zihal v. Staten Island Rapid Transit Railway Co.Appellate Division of the Supreme Court of the State of New York · 1954

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