Denair v. City of Brooklyn
New York City Court
Appeal from jury term. James Denair sued the city of Brooklyn for damages for injuries received. From an order dismissing the suit plaintiff appeals.
1Opinion of the CourtVan Wyck, J.
This action was brought to recover damages for personal injuries sustained by plaintiff through the negligence of defendant. The defendant moved on the pleadings, before any testimony was taken, to dismiss the complaint, because there was no allegation therein of the service of a notice of intention to sue the city, and of the time and place at which the injuries were received, on the corporation counsel within six months after the accident, which is required to be serv.ed or filed by the following act, (Laws 1886, c. 572,) viz.: “Section 1. No action against any city having fifty thousand…
Also in this document: Concurrence.
2Cases cited3 opinions
- Reining v. . City of Buffalo, Etc.New York Court of Appeals · 1886
- Farley v. McConnellNew York Supreme Court · 1872
- Magee v. City of TroyNew York Supreme Court · 1888
3Cited by6 opinions
- Curry v. City of BuffaloNew York Supreme Court · 1890
- Babcock v. Mayor of New YorkNew York Supreme Court · 1889
- Duff v. Mayor of New YorkThe Superior Court of the City of New York and Buffalo · 1891
- Ruprecht v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1905
- Shapiro v. Union RailWay Co. of City of New YorkAppellate Division of the Supreme Court of the State of New York · 1932
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