Legal Opinion

Weisman v. . City of New York

New York Court of Appeals

Decided October 10, 1916PublishedCited by 27 opinions

Appeal from a judgment, entered December 2, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed a judgment in favor of defendant entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and dismissing the complaint, and directed judgment in favor of plaintiff upon the verdict. The nature of the action and the facts, so far as material, are stated in the opinion.

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Appeal from a judgment, entered December 2, 1915, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which reversed a judgment in favor of defendant entered upon an order of the court at a Trial Term setting aside a verdict in favor of plaintiff and dismissing the complaint, and directed judgment in favor of plaintiff upon the verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The notice of intention to sue incorrectly stating the time when the accident happened was fatally defective and barred any…

1Opinion of the CourtHiscock, J.

This action was brought by plaintiff to recover damages for personal injuries claimed to have been sustained by reason of a defective sidewalk, and a judgment has been rendered in her favor. Ooncededly, the statute explicitly and peremptorily required that as a condition precedent to the commencement of her action to recover such judgment sh.e should serve “notice of the intention to commence such action and of the time and place at which the injuries were received,” by filing the same “ with the counsel for the corporation or other proper law officer * * * within six months after such cause…

2Cases cited21 opinions

  1. Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
  2. Walden v. . City of JamestownNew York Court of Appeals · 1904
  3. Forsyth v. . City of OswegoNew York Court of Appeals · 1908
  4. Purdy v. . City of New YorkNew York Court of Appeals · 1908
  5. Sheehy v. . City of New YorkNew York Court of Appeals · 1899

16 more not listed; retrieve them via the Exa API.

3Cited by27 opinions

  1. Sweeney v. . City of New YorkNew York Court of Appeals · 1919
  2. Brown v. Board of TrusteesNew York Court of Appeals · 1952
  3. City of Portsmouth v. WeissSupreme Court of Virginia · 1926
  4. Schwartz v. City of New YorkNew York Court of Appeals · 1929
  5. City of Knoxville v. FeldingTennessee Supreme Court · 1925

22 more not listed; retrieve them via the Exa API.

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