Legal Opinion
McGovern v. City of New York
New York Supreme Court
Decided November 21, 1935PublishedCited by 10 opinions
1Opinion of the CourtRosenman, J.
Motion for summary judgment is granted. While this conclusion works a severe hardship upon the plaintiff, I am constrained to it by the provisions of section 261 of the Greater New York Charter and the judicial authorities.
Section 261 was intended and must be construed to mean that no action or special proceeding shall be commenced until thirty days after claim has been made. The authorities are uniform to the effect that the purpose of this provision is to permit the city to investigate the validity of the claim and determine whether it desires to pay or settle it without litigation.…
2Cases cited10 opinions
- Graf v. Hope Building Corp.New York Court of Appeals · 1930
- Purdy v. . City of New YorkNew York Court of Appeals · 1908
- Sheehy v. . City of New YorkNew York Court of Appeals · 1899
- Bernreither v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1908
- Bernreither v. . City of New YorkNew York Court of Appeals · 1909
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3Cited by10 opinions
- McGovern v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1936
- McGovern v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1937
- Redner v. City of New YorkCivil Court of the City of New York · 1967
- Oppel v. City of Long BeachAppellate Division of the Supreme Court of the State of New York · 1941
- Meed v. Nassau County Police DepartmentNew York Supreme Court · 1972
5 more not listed; retrieve them via the Exa API.