Sheehy v. . City of New York
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 23, 1898, overruling the plaintiff’s exceptions, which were ordered to be heard in the first instance by that court, and directing a judgment for the defendant dismissing the complaint, with costs.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 23, 1898, overruling the plaintiff’s exceptions, which were ordered to be heard in the first instance by that court, and directing a judgment for the defendant dismissing the complaint, with costs. This action was to recover damages for personal injuries alleged to have been caused by the negligence of the defendant in not keeping its sidewalks in a safe and proper state of repair. Upon the trial, at the close of the plaintiff’s evidence, on motion of the defendant, the court…
1Opinion of the CourtMartin, J.
Only a single question was passed upon by either of the courts below and is the only one presented for review by this court. It relates to the construction of chapter 572 of the Laws of 1886, and is whether the notice served by the plaintiff was a sufficient compliance with that statute. That act in effect provides that no action shall be maintained against the city of Mew York for damages for personal injuries alleged to have been caused by its negligence, unless notice of the intention to commence such action shall have been filed with the counsel for the corporation within six months after…
2Cases cited1 opinion
- Missano v. Mayor of New YorkNew York Court of Appeals · 1899
3Cited by46 opinions
- Thomann v. City of RochesterNew York Court of Appeals · 1931
- Sweeney v. . City of New YorkNew York Court of Appeals · 1919
- Walden v. . City of JamestownNew York Court of Appeals · 1904
- Weisman v. . City of New YorkNew York Court of Appeals · 1916
- O'Neil v. City of RichmondSupreme Court of Virginia · 1925
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