Patterson v. City of Brooklyn
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The City of Brooklyn, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 4th day of February, 1896, upon the verdict of a jury rendered after a trial at the Kings County Circuit, and also from an order entered in said clerk’s office on the 5th day of February, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Brown, P. J.:
We are of the opinion that the appellant’s exception to the denial of the motion to dismiss the complaint was well taken, on the ground that the respondent had failed to present to the comptroller of the city such a statement of his claim as is required by section 30, title 22 of the charter (Chap. 583 of 1888, as amended by chap. 568, Laws of 1894).
That section requires that the statement of the claim presented to the comptroller shall be duly verified, arid provides that “ compliance with all of the provisions of this section shall be an absolute prerequisite to the institution…
2Cases cited1 opinion
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
3Cited by15 opinions
- MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
- Osborn v. City of WhittierCalifornia Court of Appeal · 1951
- S. B. McMaster, Inc. v. Chevrolet Motor Co.District Court, E.D. South Carolina · 1925
- Indiana Civil Rights Commission v. City of MuncieIndiana Court of Appeals · 1984
- Bader v. StateIndiana Supreme Court · 1911
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