Reynolds v. Village of Nyack

On June 13, 1939, plaintiff fell and suffered injuries on a sidewalk in the defendant village. She filed a notice of claim with the village clerk on July 8, 1939. She began this action to recover damages on November 10, 1939. The defendant village served an answer on November 22, 1939. Pursuant to section 341-c of the Village Law, on December 20, 1939, the defendant village served a subpoena requiring plaintiff to appear before the village clerk on January 3, 1940, at two p. m., to give evidence in reference to her claim. Thereupon plaintiff moved to vacate the subpoena on the theory that…