Russell v. Mayor of New York
New York Court of Common Pleas
Appeal by the defendants from a judgment entered on the verdict of a jury at Trial" term. The plaintiff sued the defendants, to recover the sum of fifteen hundred dollars damages, for injuries, which he alleged he sustained from falling into- the- coal or vault hole, opposite premises No. 139 Prince Street, in the city of New York.
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Appeal by the defendants from a judgment entered on the verdict of a jury at Trial" term. The plaintiff sued the defendants, to recover the sum of fifteen hundred dollars damages, for injuries, which he alleged he sustained from falling into- the- coal or vault hole, opposite premises No. 139 Prince Street, in the city of New York. The complaint did not contain any allegation of presentment of demand to the Comptroller, as required by the Act of April 1-i, I860. On the trial of the action, at the close of the plaintiff’s testimony, there being no evidence of any presentment of the claim to…
1Opinion of the Court
By the Court.
Hilton, J.
The second section of the “Act relating to actions, legal proceedings, and claims against the Mayor, Aldermen, and Commonalty of the City of New York,” passed April 14, I860, declares that “ no action or special proceeding shall be prosecuted or maintained against the said the Mayor, Aldermen, &c. of New York, unless it shall appear by and as an allegation in the complaint or necessary moving papers, that at least twenty days have elapsed since the claim or ■claims upon which said action or special proceeding is founded were presented to the Comptroller of said city for…
2Cited by5 opinions
- Pulitzer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1900
- Devlin v. MayorNew York Court of Common Pleas · 1893
- Flaxman v. City of New YorkNew York Supreme Court · 1916
- Devlin v. MayorNew York Court of Appeals · 1891
- Lattinville v. ErethNew York Supreme Court · 1941