Colehamer v. City of Troy

Appellate Division of the Supreme Court of New York

Colehamer v. City of Troy

273 A.D. 1048, 78 N.Y.S.2d 686, 1948 N.Y. App. Div. LEXIS 5897

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 12, 1948

StatusPublished

Cited by1 cases

This text of 273 A.D. 1048 (Colehamer v. City of Troy) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Colehamer v. City of Troy, 273 A.D. 1048, 78 N.Y.S.2d 686, 1948 N.Y. App. Div. LEXIS 5897 (N.Y. Ct. App. 1948).

Pincite

Opinion

Appeal from an order of the Supreme Court at Special Term, Albany County, which dismissed the complaint herein on the ground it did not state facts sufficient to constitute a cause of action. The accident happened April 11, 1946, and the bill of particulars served shows that a notice of claim was not filed against the City of Troy until June 22, 1946, or more than sixty days after the happening of the accident. Plaintiff thus failed to comply with the requirements of section 50-e of the General Municipal Law and section 244 of the Second Class Cities Law. Cases, cited by appellant, dealing with the service of a notice of defect have no application to a notice of claim. Order unanimously affirmed, without costs. Present — Hill, P. J., Heffernan, Foster, Russell and Deyo, JJ.

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Appeal from an order of the Supreme Court at Special Term, Albany County, which dismissed the complaint herein on the ground it did not state facts sufficient to constitute a cause of action. The accident happened April 11, 1946, and the bill of particulars served shows that a notice of claim was not filed against the City of Troy until June 22, 1946, or more than sixty days after the happening of the accident. Plaintiff thus failed to comply with the requirements of section 50-e of the General Municipal Law and section 244 of the Second Class Cities Law. Cases, cited by appellant, dealing with the service of a notice of defect have no application to a notice of claim. Order unanimously affirmed, without costs. Present — Hill, P. J., Heffernan, Foster, Russell and Deyo, JJ.

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Bluebook (online)

273 A.D. 1048, 78 N.Y.S.2d 686, 1948 N.Y. App. Div. LEXIS 5897, Counsel Stack Legal Research, https://law.counselstack.com/opinion/colehamer-v-city-of-troy-nyappdiv-1948.

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