Yablonsky v. City of New York

Plaintiff was injured by the collapse of the upper part of a lamp post on a corner of one of the city streets. The accident occurred on July 8, 1925. Notice of claim was filed on the comptroller and corporation counsel on August 7, 1925. At the close of plaintiff’s case defendant made a general motion to dismiss. On denial of the motion, defendant submitted its proof and renewed its motion for judgment based especially on the ground that plaintiff was barred from maintaining the action because of his failure to bring it within the time limited by section 261 of the charter of the defendant…