Legal Opinion

Vorce v. Town of Tonawanda

New York Supreme Court

Decided January 29, 1931Published

1Opinion of the CourtHorton, J.

This is a motion by defendant to set aside the verdict of a jury upon the grounds that the verdict was against the weight of the evidence, and that no evidence "was offered showing a compliance with the provisions of section 74 of the Highway Law (as amd. by Laws of 1918, chap. 161) providing that notice of claim be served on the supervisor and filed with the town clerk within ninety days after the cause of action accrued. The latter of these is the only ground requiring discussion.

Service of a notice was alleged in the verified complaint and denied by the general denial of the answer. The…

2Cases cited3 opinions

  1. Sheehy v. . City of New YorkNew York Court of Appeals · 1899
  2. McCarthy v. Village of Far RockawayAppellate Division of the Supreme Court of the State of New York · 1896
  3. Jones v. City of BinghamtonAppellate Division of the Supreme Court of the State of New York · 1921

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