Motyka v. City of Oswego

When this court decided Buduson v. Curtis (ante, p. 517) I did not participate in that decision. I disagree with the views stated by the majority holding in that case, and inherent in this case, for the' *1014following reason^,1 -in additiori to 'those sfet1-forth in- the dissenting■ opinion. in the Budusori’adae:,!-,u ..... “‘-r 5

The learned Special Term, as -I see-it, confused the-question- of the: 'capacity to sue with the- capacity - to give' notice-1 of claim fox- wrongful- -death." 'It is because of this''confusion;1 'I 'believe;-'that-'-we‘-find- cases‘holding "-that time-’.-to serve notice…