Ponsrok v. City of Yonkers

The case comes up on a motion for judgment on the pleadings. The complaint alleges that the defendant negligently constructed a city sewer so that the same became obstructed, causing its contents to back up and flood the lower floor of plaintiff’s premises to plaintiff’s damage $2,000, and that notice of claim and notice of intention to commence an action thereon were given in accordance with the provisions of section 244 of the Second Class Cities Law (Cons. Laws, ch. 53).

It is stipulated that the notice of claim shall be considered part of the complaint. The notice is in proper form except…