De Moll v. City of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Joseph F. De Moll, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Kings on the 18th day of November, 1913, upon a dismissal of the complaint by direction of the court at the opening upon a trial before the court and a jury.
1Opinion of the Court
Stapleton, J.:. The plaintiff, an automobile engineman employed in the fire department of the city of New York, sued the city to recover damages for personal injuries. His complaint was dismissed upon defendant’s motion, made at the opening of the trial.
The complaint failed to allege that the notice of intention to commence an action for damages for personal injuries alleged to have been sustained by reason of the negligence of the defendant, and of the time and place where the injuries were *677received, had been filed with the corporation counsel within six months after the cause of action…
2Cases cited5 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Melker v. . City of New YorkNew York Court of Appeals · 1908
- Hogle v. H. H. Franklin Manufacturing Co.New York Court of Appeals · 1910
- Foley v. MayorAppellate Division of the Supreme Court of the State of New York · 1896
- McCluskey v. WileAppellate Division of the Supreme Court of the State of New York · 1911
3Cited by3 opinions
- State v. Fermenta ASC Corp.New York Supreme Court · 1995
- Belmont v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1920
- Jablon v. City of New YorkNew York Supreme Court · 1941