Foster v. City of New York

Appellate Division of the Supreme Court of New York

Foster v. City of New York

152 N.Y.S. 1111

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

DecidedApril 1, 1915

StatusPublished

This text of 152 N.Y.S. 1111 (Foster v. City of New York) 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.

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Foster v. City of New York, 152 N.Y.S. 1111 (N.Y. Ct. App. 1915).

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Opinion

PER CURIAM.

Judgment and order reversed, with costs, and complaint dismissed, on the ground that the notice of intention to commence the action was defective as to the statement of the time when the injuries were received, and that the form of denial contained in the answer did not exempt the plaintiff from the statutory obligation of proving the service of a proper notice. Purdy v. City of New York, 193 N. Y. 521, 523, 86 N. E. 560; Carson v. Village of Dresden, 202 N. Y. 414, 95 N. E. 803; Forsyth v. City of Oswego, 191 N. Y. 441, 84 N. E. 392, 123 Am. St. Rep. 605; Bannon v. City of New York, 150 App. Div. 314, 134 N. Y. Supp. 1041; Walker v. City of New York, 150 App. Div. 280, 134 N. Y. Supp. 689; Mack Paving Co. v. City of New York, 142 App. Div. 702, 714, 127 N. Y. Supp. 738. See, also, 152 N. Y. Supp. 1111.

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PER CURIAM.

Judgment and order reversed, with costs, and complaint dismissed, on the ground that the notice of intention to commence the action was defective as to the statement of the time when the injuries were received, and that the form of denial contained in the answer did not exempt the plaintiff from the statutory obligation of proving the service of a proper notice. Purdy v. City of New York, 193 N. Y. 521, 523, 86 N. E. 560; Carson v. Village of Dresden, 202 N. Y. 414, 95 N. E. 803; Forsyth v. City of Oswego, 191 N. Y. 441, 84 N. E. 392, 123 Am. St. Rep. 605; Bannon v. City of New York, 150 App. Div. 314, 134 N. Y. Supp. 1041; Walker v. City of New York, 150 App. Div. 280, 134 N. Y. Supp. 689; Mack Paving Co. v. City of New York, 142 App. Div. 702, 714, 127 N. Y. Supp. 738. See, also, 152 N. Y. Supp. 1111.

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152 N.Y.S. 1111, Counsel Stack Legal Research, https://law.counselstack.com/opinion/foster-v-city-of-new-york-nyappdiv-1915.

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