Holmes v. City of New York
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtClose, P. J.
The question presented by this appeal is whether an administrator can have the benefit of a notice of claim and intention to sue a municipality which was filed by his intestate prior to her death. A chronological recital of the facts involved will help to bring the question into focus.
In July, 1941, the plaintiff’s intestate suffered injuries which are alleged to have been the result of defendant’s negligence. Pursuant to subdivision c of section 394a-1.0 of the Administrative Code of the City of New York, on August 20, 1941, she filed a proper notice of claim and intention to sue. In April,…
2Cases cited12 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. CraftSupreme Court of the United States · 1915
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Littlewood v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1882
- McKay v. Syracuse Rapid Transit Railway Co.New York Court of Appeals · 1913
- Kelliher v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1914
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3Cited by30 opinions
- Mingone v. StateAppellate Division of the Supreme Court of the State of New York · 1984
- Chartener v. KiceDistrict Court, E.D. New York · 1967
- Joseph v. McVeighAppellate Division of the Supreme Court of the State of New York · 1955
- Bryant v. Kroger Co.Appellate Court of Illinois · 1991
- McDaniel v. Clarkstown Central School District No. 1Appellate Division of the Supreme Court of the State of New York · 1985
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