Burford v. Mayor of New York
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Thomas W. Burford, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Hew York on the 12tli day of March,. 1897, upon the dismissal of the complaint by direction of the court after a trial at the Hew York Trial Term, and also from an order entered in said clerk’s office on the 9th day of March, 1897, denying the plaintiff’s motion for a new trial made upon the minutes.
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Appeal by the plaintiff, Thomas W. Burford, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the cleric of the county of Hew York on the 12tli day of March,. 1897, upon the dismissal of the complaint by direction of the court after a trial at the Hew York Trial Term, and also from an order entered in said clerk’s office on the 9th day of March, 1897, denying the plaintiff’s motion for a new trial made upon the minutes. The action was' brought to recover damages for personal injuries resulting to the plaintiff from the alleged negligence of the…
1Opinion of the Court
Patterson, J.:
On the argument of this cause, counsel declared that the only question for the consideration of the court on' this appeal was the sufficiency of the proof made by the plaintiff of the service of the notice of claim required to be filed with the corporation counsel by chapter 572 of the Laws of 1886. . It appeared in evidence that a notice sufficient in form was served upon the comptroller of the city of Hew York, but*we have held that such a notice, even if traced into the hands of the corporation counsel, is not a sufficient compliance with the requirement of the law. (Missano…
2Cases cited3 opinions
- Gates v. . StateNew York Court of Appeals · 1891
- Missano v. The Mayor, Aldermen & Commonalty of the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1897
- McMahon v. MayorAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by1 opinion
- Sheehy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1898