McDonough v. Mayor of New York

This action is brought for the recovery of damages for injuries alleged to have been caused by defendant’s negligence. Before plaintiff' opened his case the defendant moved to dismiss the complaint on the ground that the former had not complied with section 1104 of the Consolidation Act (Laws of 1882, chap. 410), which provides as follows: “So action or special proceeding shall be prosecuted or maintained against the said mayor,- aldermen and commonalty unless it shall appear by, and as an allegation in, the comnlaint or neces*594sary moving papers, that at least thirty days have elapsed since…