Bolster v. Mayor of New York

Appellate Division of the Supreme Court of New York

Bolster v. Mayor of New York

38 N.Y.S. 1141, 72 N.Y. St. Rep. 865

Appellate Division of the Supreme Court of the State of New York·Decided April 24, 1896·Published

Opinion

PER CURIAM.

This case is within the principle of Foley v. Mayor, etc., 1 App. Div. 586, 37 N. Y. Supp. 465, and should be affirmed on the authority of that case. In that case, as in this, the plaintiff had been examined under the authority of section 123 of the consolidation act; but the parol notice given at the time of that examination was not thought to be sufficient notice of the intention to sue, to permit a recovery. The same rule must be applied here. Judgment affirmed, with costs.

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PER CURIAM.

This case is within the principle of Foley v. Mayor, etc., 1 App. Div. 586, 37 N. Y. Supp. 465, and should be affirmed on the authority of that case. In that case, as in this, the plaintiff had been examined under the authority of section 123 of the consolidation act; but the parol notice given at the time of that examination was not thought to be sufficient notice of the intention to sue, to permit a recovery. The same rule must be applied here. Judgment affirmed, with costs.

Bolster v. Mayor of New York, 38 N.Y.S. 1141, 72 N.Y. St. Rep. 865 (N.Y. Ct. App. 1896).

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