Canter v. City of New York

Plaintiff, a sole proprietor, sues the city, pursuant to section 71 of the General Municipal Law, for alleged damage to his drug store sustained during a riot on July 19, 1964. Notice of claim under section 50-e of the General Municipal Law was duly and properly served on the city. However, the Comptroller’s examination of plaintiff was not had until after the service of process in this action. The case was submitted by stipulation on the issue of liability only, on the city’s motion to dismiss grounded on the New York State Defense Emergency Act and failure to comply with section 50-h…