Pulitzer v. City of New York

In this action to recover damages for personal injuries based upon charges of negligence by defendants, the city demurs to the complaint because of the lack of an allegation that the claim was presented to the comptroller for adjustment and that he neglected or refused to make adjustment or payment for, thirty days. In the charter of the city of New York the following section is contained.

“ § 261. 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…