Fiebinger v. City of New York

Plaintiff moves for an examination before trial of the defendant Brown as an adverse party. The complaint alleges that plaintiff’s injuries were sustained as a result of the negligent operation by the defendant Brown of a trolley car owned and controlled by the defendant City of New York. The motion is opposed solely on the ground that the plaintiff has failed to serve on the defendant Brown a notice of claim and intention to sue in accordance with the provisions of section 50-c of the General Municipal Law, it being argued that by reason of this omission the action against the defendant…