Ruprecht v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Louis Ruprecht, from a judgment of the Municipal Court of the city of Hew York, borough of Brooklyn, in favór of the defendant, entered on the 18th day of April, 1904, dismissing the plaintiff’s complaint.
1Opinion of the Court
Jenks, J.:
Section 261 of the Greater Hew York charter (Laws of 1901, chap. 466) makes a condition precedent to this action. I think that there was no compliance therewith, and the dismissal of the complaint was right. The section reads as follows: “Hoaction or special proceeding, for any cause whatever, shall be prosecuted or maintained against The City of Hew York, unless it shall appear by and as an allegation in the complaint or necessary moving papers that at least thirty days have elapsed since the demand, claim or claims upon which such action or special proceeding is founded were…
2Cases cited5 opinions
- Missano v. Mayor of New YorkNew York Court of Appeals · 1899
- Sheehy v. . City of New YorkNew York Court of Appeals · 1899
- MacDonald v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
- Missano v. The Mayor, Aldermen & Commonalty of the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1897
- McMahon v. MayorAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by2 opinions
- Brandner v. City of AberdeenSouth Dakota Supreme Court · 1960
- Redner v. City of New YorkCivil Court of the City of New York · 1967