Bannon v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of New York, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 27th day of October, 1911, upon the verdict of a jury for $300, and also from an order entered in said clerk's office on the 25th day of November 1911, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hirschberg, J.:
The plaintiff has recovered a small judgment against the city for injuries received by her as a result of falling over a defect in the sidewalk, and the only question on this appeal is whether she sufficiently proved due and proper notice of her intention to sue and of her claim. She duly filed a notice of claim against the defendant with the comptroller, but the notice was clearly defective because it gave the place of accident as Twentieth street, whereas the complaint alleged and the evidence established that the accident occurred on Eighteenth street. She also duly filed…
2Cases cited2 opinions
- Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
- Carson v. . Village of DresdenNew York Court of Appeals · 1911
3Cited by3 opinions
- Foster v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915
- Petersen v. City of New YorkNew York Supreme Court · 1929
- Foster v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915