Missano v. The Mayor, Aldermen & Commonalty of the City of New York
Appellate Division of the Supreme Court of the State of New York
.Appeal by the defendant, The Mayor, Aldermen and Commonalty of the City of New York, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of New York on the-30th day of December, 1896,. upon the verdict of. a jury, and also from an order entered in said clerk’s office on the 30th day of December, 1896, denying the defendant’s motion for a new trial made upon the minutes:
1Opinion of the Court
Williams, J.:
The action was brought to recover damages for the death of the ' plaintiffs’ intestate, alleged to have been caused by the negligence of the defendant.
The first question presented is whether the plaintiffs’ right to recover was not defeated by the failure to comply with the provisions of chapter 572 of the Laws of 1886, requiring a filing with the corporation counsel of a notice of an intention to commence the action. That statute provided : “ Section 1. No action against the mayor, aldermen and commonalty of any city in this State having fifty thousand inhabitants or over, for…
2Cases cited3 opinions
- Curry v. . City of BuffaloNew York Court of Appeals · 1892
- Foley v. MayorAppellate Division of the Supreme Court of the State of New York · 1896
- Babcock v. Mayor of New YorkNew York Supreme Court · 1890
3Cited by7 opinions
- Kennedy v. Mayor, Aldermen & CommonaltyAppellate Division of the Supreme Court of the State of New York · 1898
- Burford v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
- Ruprecht v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Sheehy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
- Burford v. Mayor of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
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