Shapiro v. Union RailWay Co. of City of New York

We are of opinion that -the verdict of the jury finding the defendant The City of New York guilty of negligence was against the weight of the evidence. However, the learned trial justice erred in dismissing the complaint. Not only was there an issue of fact justifying the jury in finding that due and timely notice of intention to sue had been served on the corporation counsel, but it further appears that the notice of claim, duly and timely served upon the comptroller, also contained a notice of intention to sue. This, within the statutory period, was transmitted by him to the corporation…