Purdy v. . City of New York
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 1, 1908, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from an order of the Appellate Division of the Supreme Court in the second judicial department, entered May 1, 1908, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term and granting a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The trial judge properly dismissed the complaint as the notice of intention to sue served upon the corporation counsel of the city of New York was clearly insufficient. (L. 1886, ch. 572, § 1; Merz v. City of Brooklyn, 128 N. Y. 617; Curry v. City…
1Opinion of the CourtWerner, J.
This action was brought to recover damages for injuries sustained by the plaintiff as the result of a fall upon a defective sidewalk which, it is alleged, the defendant negligently permitted to remain in a defective condition. The trial court submitted the questions of fact to the jury, subject to the opinion of the court. The jury reported a disagreement, and then the court dismissed the complaint upon the ground of the insufficiency of the notice served by the plaintiff in attempted compliance with the provisions of chapter 572 of the Laws of 1886. Judgment was entered dismissing the…
2Cases cited4 opinions
- Forsyth v. . City of OswegoNew York Court of Appeals · 1908
- Werner v. City of RochesterNew York Supreme Court · 1894
- Beyer v. . City of North TonawandaNew York Court of Appeals · 1906
- Werner v. . City of RochesterNew York Court of Appeals · 1896
3Cited by48 opinions
- Brown v. City of New YorkNew York Court of Appeals · 2000
- Teresta v. City of New YorkNew York Court of Appeals · 1952
- Sweeney v. . City of New YorkNew York Court of Appeals · 1919
- Touhey v. City of DecaturIndiana Supreme Court · 1911
- Hall v. City of Los AngelesCalifornia Supreme Court · 1941
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