Carson v. . Village of Dresden
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 15, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff failed to comply with section 322 of the Village Law. (Purdy v. City of New York, 193 N. Y. 521; Rauber v. Village of Wellsville, 83 App.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered March 15, 1910, affirming a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. Plaintiff failed to comply with section 322 of the Village Law. (Purdy v. City of New York, 193 N. Y. 521; Rauber v. Village of Wellsville, 83 App. Div. 581; Curry v. City of Buffalo, 135 N. Y. 366; Reining v. City of Buffalo, 102 N. Y. 308.) Defendant did not waive its right to object to the insufficiency of the…
1Opinion of the CourtCray, J.
The plaintiff brought this action against the defendant to recover damages; claiming to have sustained personal injuries in falling upon a defective sidewalk. She had a verdict in her favor and the judgment entered thereon has "been affirmed hy the Appellate Division. Upon the defendant’s appeal to this court, several questions. have been presented; but the only one, which demands consideration, relates to the sufficiency of the statement of the plaintiff’s claim filed with the village clerk. The statute, (Village Law, Sec. 322, L. 1897, ch. 414), provides that “no action shall he maintained…
2Cases cited2 opinions
- Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
- Purdy v. . City of New YorkNew York Court of Appeals · 1908
3Cited by3 opinions
- Weisman v. . City of New YorkNew York Court of Appeals · 1916
- Bannon v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1912
- Foster v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1915