Dressel v. City of Kingston
New York Supreme Court
Appeal from an order of tbe Ulster County Court awarding to the plaintiff bis costs and disbursements herein, and directing the clerk to tax the same and insert them in the judgment. The plaintiff began an action in .the Ulster County Court to recover damages for personal injuries claimed to have been sustained by bim in falling into' a hole by reason of the unsafe condition of the sidewalks of defendant.
Read the full summary
Appeal from an order of tbe Ulster County Court awarding to the plaintiff bis costs and disbursements herein, and directing the clerk to tax the same and insert them in the judgment. The plaintiff began an action in .the Ulster County Court to recover damages for personal injuries claimed to have been sustained by bim in falling into' a hole by reason of the unsafe condition of the sidewalks of defendant. He had never, before the commencement .of the action, presented the claim upon which the action was founded to the treasurer of the city for payment, or tor any purpose, lout he had…
1DissentBooses, J.
This is an appeal from an order allowing costs of the action to the plaintiff. The plaintiff had a recovery in his favor for $300 damages in an action for negligence. The defendant insists that he. is not entitled to costs, because of his omission to present his claim for damages for payment to the defendant’s treasurer before the commencement of the action. (Code of Civil Pro., § 3245.) The plaintiff answers that although he did not present his claim to the defendant’s treasurer he did so present it to the mayor and common council of the appellant, which was by them rejected.
The law of 1859…
2Cases cited1 opinion
- McClure v. Board of SupervisorsNew York Supreme Court · 1867