Decker v. City of New York

252 A.D. 748, 298 N.Y.S. 1022, 1937 N.Y. App. Div. LEXIS 6103

Opinion

Motion for leave to appeal' to the Court of Appeals denied. The motion for reargument is referred to the court that rendered the decision on the appeal. Present — Hagarty, Carswell, Davis, Adel and Taylor, JJ. Motion granted and upon reargument the decision of this, court handed down on July 2, 1937 [251 App. Div. 891], is hereby modified to read as follows: Judgment dismissing plaintiff’s complaint at the close of her case, on the ground that she failed to serve a notice of claim and intention to sue within six months after the accident, unanimously affirmed, with costs. No opinion. Present — Lazansky, P. J., Hagarty, Carswell, Davis and Johnston, JJ.