King v. Village of Randolph
Appellate Division of the Supreme Court of the State of New York
Appeal from special term. Action by Silas L.'King against the village of Randolph. There was a judgment for .plaintiff, and from an order of the special term denying the motion of defendant for an order directing that the record be corrected by striking from the judgment the award of $181.26, adjudged to plaintiff as costs and disbursements, defendant appeals. Reversed. The facts in this case are undisputed.
Read the full summary
Appeal from special term. Action by Silas L.'King against the village of Randolph. There was a judgment for .plaintiff, and from an order of the special term denying the motion of defendant for an order directing that the record be corrected by striking from the judgment the award of $181.26, adjudged to plaintiff as costs and disbursements, defendant appeals. Reversed. The facts in this case are undisputed. The defendant was organized under the general village law of this state. In the year 1895, and since that time, it had a board of trustees of the village, a village treasurer, and a board…
1Opinion of the CourtGreen, J.
It is provided by section 3245 of the Code of Civil Procedure that “costs cannot be awarded to the plaintiff in an action against a municipal corporation, in which the complaint demands judgment for a sum of money only, unless the claim upon which the action is founded was, before the commencement of the action, presented for payment to the chief fiscal officer of the corporation.” In the disposal of this appeal, therefore, the sole question to be decided is whether the plaintiff fulfilled this requirement of the statute by presenting an unverified account to the treasurer of the board of…
2Cases cited6 opinions
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Sage v. . City of BrooklynNew York Court of Appeals · 1882
- Rouse v. MooreNew York Supreme Court · 1820
- Fleming v. . Village of Suspension BridgeNew York Court of Appeals · 1883
- Patterson v. BurnettNew York Supreme Court · 1889
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Brewster v. City of HornellsvilleAppellate Division of the Supreme Court of the State of New York · 1898