Bush v. City of Jamestown

259 A.D. 976, 20 N.Y.S.2d 1014, 1940 N.Y. App. Div. LEXIS 7498

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: May 15, 1940
• Status: Published

Opinion

Order affirmed, with ten dollars costs and disbursements. Memorandum: Without for the present committing ourselves further, we hold that a cause of action is stated for damages suffered by plaintiff before June 20, 1938, without alleging presentation of a written claim for damages to the defendant City of Jamestown. All concur. (The order denies a motion by defendant City for a dismissal of plaintiff’s complaint and for summary judgment in an action to recover damages for the flooding of plaintiff’s property.) Present — Crosby, P. J., Cunningham, Dowling, Harris and McCurn, JJ.