Foley v. Mayor
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Annie Foley, for a new trial on a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, upon the dismissal of the complaint directed by the court after a trial before the court and a jury at a Trial Term of the Court of Common Pleas for the city and county of New York on the 8th day of January, 1895.
1Opinion of the Court
Rumsey, J.:
The action was brought to recover damages for injuries which plaintiff alleged she sustained by reason of the negligence of the defendant. The complaint did not allege that notice of an intention to commence the action had been filed with the counsel to the corporation within six months after the cause of action accrued, as required by chapter 572 of the Laws of 1886. Before any evidence was given the court dismissed the complaint on the defendant’s motion, it being conceded that no written notice had been filed, but that only oral notice had been given. An oral notice is not a…
2Cases cited2 opinions
- Curry v. . City of BuffaloNew York Court of Appeals · 1892
- Pearson v. LovejoyNew York Supreme Court · 1866
3Cited by20 opinions
- Charles D. REICH, Plaintiff-Appellant, v. DOW BADISCHE COMPANY and Dow Chemical Company, Defendants-AppelleesCourt of Appeals for the Second Circuit · 1978
- Robinson Manufacturing Co. v. BradleyWashington Supreme Court · 1913
- Incorporated Town of Casey v. HogueSupreme Court of Iowa · 1927
- Hamilton v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1900
- Krall v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1899
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