Teresta v. City of New York

In an action to recover damages for personal injuries, plaintiff appeals from a judgment in favor of respondent, entered on a dismissal of the complaint upon the opening statement of plaintiff’s counsel at the trial, and from the order of dismissal. It appears from the opening statement that plaintiff, in person, called at the corporation counsel’s office in reference to the accident and was advised to obtain a certain form in the Municipal Building, that he went there, and that he was given a notice of claim, with instructions to fill it out, have it notarized, and mailed in. Concededly, the…