Legal Opinion

Alotto v. City of Corning

Appellate Division of the Supreme Court of the State of New York

Decided June 28, 1939PublishedCited by 1 opinion

1Opinion of the Court

Judgment and order affirmed, with costs. Memorandum: We affirm, with costs, the judgment and order appealed from, upon the ground that the complaint fails to allege that plaintiffs presented to the defendant’s common council their itemized and verified claim, as required by the Charter of the City of Corning. (Laws of 1905, chap. 142, § 30.) (See Thomann v. City of Rochester, 256 N. Y. 165; Curry v. City of Buffalo, 135 id. 366, 370.) All concur. (The judgment dismisses the complaint in an action to recover damages to property by change of grade of street.) Present — Sears, P. J., Crosby,…

2Cases cited1 opinion

  1. Thomann v. City of RochesterNew York Court of Appeals · 1931

3Cited by1 opinion

  1. Alotto v. City of CorningAppellate Division of the Supreme Court of the State of New York · 1939

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