Lee v. Village of Greenwich
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Mary Lee, from a judgment of the Supreme Court in favor of the defendant, entered in the office' of the clerk of the county of Washington on the 16tli day of March, 1899, upon the dismissal of the complaint by direction of the court after a trial at the Washington Trial Term, with notice of an.intenxtion to bring up for review upon such appeal the order upon which such judgment was entered.
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Appeal by the plaintiff, Mary Lee, from a judgment of the Supreme Court in favor of the defendant, entered in the office' of the clerk of the county of Washington on the 16tli day of March, 1899, upon the dismissal of the complaint by direction of the court after a trial at the Washington Trial Term, with notice of an.intenxtion to bring up for review upon such appeal the order upon which such judgment was entered. Upon the trial the following evidence was given by plaintiff: “ Barber avenue, where the accident occurred, is about one hundred rods long and has sidewalk all the way on- south…
1Opinion of the Court
Kellogg, J. :
The respondent contends that, as to the service of a notice by a claimant, the provisions of the Village Law, which went into effect July 1, 1897 (Laws of 1897, chap. 414), must govern in this case. In this, I think, he is in error. The accident is alleged to have occurred in the month of March, 1897. The notice was filed with the clerk April 9, 1897, and, although the action was not commenced until November following, and after the amendment to the Village Law went into effect, the law as amended did not .affect the right of action if in fact the claimant had previously done…
2Cases cited1 opinion
- Bullock v. Town of DurhamNew York Supreme Court · 1892
3Cited by13 opinions
- Weisman v. . City of New YorkNew York Court of Appeals · 1916
- Reichert v. City of ChicagoAppellate Court of Illinois · 1912
- Bowles v. American Distilling Co.District Court, S.D. New York · 1945
- Godfrey Lumber Co. v. KlineMichigan Supreme Court · 1911
- Murphy v. Village of Seneca FallsAppellate Division of the Supreme Court of the State of New York · 1901
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