Kennedy v. Mayor
Appellate Division of the Supreme Court of the State of New York
Appeals from trial term, New York county. Action by Thomas Kennedy against the mayor, aldermen, and commonalty of the city of New York. From a judgment for defendant entered on the dismissal of the complaint at the trial term, and from an order denying plaintiff’s motion for a rehearing of defendant’s motion at trial term, which resulted in the dismissal, and for leave to amend the complaint (41 N. Y. Supp. 1077), plaintiff brings separate appeals.
1Opinion of the CourtBarrett, J.
The action was for personal injuries claimed to have been caused by the defendant’s negligence. The plaintiff failed to allege in his complaint the filing with the corporation counsel of a notice of intention to bring the action, specifying the time when and place where the injuries were received, as required by chapter 572 of the Laws of 1886. Because of the failure to so allege, the complaint was dismissed at the trial upon motion of the defendant’s counsel. The dismissal was right, and the judgment must be affirmed, upon the authority of Babcock v. Mayor, etc., 56 Hun, 196, 9 N. Y. Supp.…
2Cases cited3 opinions
- Babcock v. Mayor of New YorkNew York Supreme Court · 1890
- Missano v. The Mayor, Aldermen & Commonalty of the City of New YorkAppellate Division of the Supreme Court of the State of New York · 1897
- Sheehy v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by1 opinion
- Richardson v. City of SalemOregon Supreme Court · 1908