Conway v. City of New York
Appellate Division of the Supreme Court of the State of New York
Motion by the plaintiff, Hugh Conway,'as administrator, etc., for a new trial upon a case containing exceptions, ordered to be heard at the Appellate Division in the first instance, on the dismissal of the complaint by direction of the court at the opening'of the. case, at the Hew'York Trial Term in June, 1909.
1Opinion of the Court
Clarke, J.:
This action was brought against the city to recover damages for the death of Thomas H. Sim oh May 11,1906, alleged to have been *447caused by the dangerous, unsafe and defective condition of Eighth avenue due to the negligence of the defendant. The sole question presented is one of law, was the action commenced within the time limited by statute ?
The complaint alleges that on June 13, 1906, letters of administration were duly issued to Mary Sim, widow of decedent, who duly qualified; that on December 12, 1906, she duly served notice of her intention to sue upon the corporation counsel,…
2Cases cited6 opinions
- Meekin v. Brooklyn Heights RailroadNew York Court of Appeals · 1900
- Crapo v. . City of SyracuseNew York Court of Appeals · 1906
- Barnes v. City of BrooklynAppellate Division of the Supreme Court of the State of New York · 1897
- McKnight v. . City of New YorkNew York Court of Appeals · 1906
- Bernreither v. . City of New YorkNew York Court of Appeals · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Buduson v. CurtisAppellate Division of the Supreme Court of the State of New York · 1955
- Boffe v. Consolidated Telegraph & Electrical Subway Co.Appellate Division of the Supreme Court of the State of New York · 1916
- Joseph v. McVeighAppellate Division of the Supreme Court of the State of New York · 1955
- Conway v. . the City of New YorkNew York Court of Appeals · 1913
- McCarthy v. Prudential InsuranceAppellate Division of the Supreme Court of the State of New York · 1928
4 more not listed; retrieve them via the Exa API.