Ruprecht v. City of New York

Section 261 of the Greater New York Charter (Laws 1901, p. 114, c. 466) makes a condition precedent to this action. I think that there was not compliance therewith, and the dismissal of the complaint was right.. The section reads as follows:

“No action or special proceeding, for any cause whatever, shall be prosecuted or maintained against the city of New York, "unless it shall appear by and as an allegation in the complaint or necessary moving papers that at least thirty days have elapsed since the demand, claim or claims upon which such action or special proceeding is founded were presented…