Foster v. City of New York

Appellate Division of the Supreme Court of New York

Foster v. City of New York

168 A.D. 924

Appellate Division of the Supreme Court of the State of New York·Decided April 15, 1915·Published·Cited by 2 cases

Opinion

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; Carson v. Village of Dresden, 202 id. 414; Forsyth v. City of Oswego, 191 id. 441; Bannon v. City of New York, 150 App. Div. 314; Walker v. City of New York, Id. 280; Mack Paving Co. v. City of New York, 142 id. 702, 714.) Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.

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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; Carson v. Village of Dresden, 202 id. 414; Forsyth v. City of Oswego, 191 id. 441; Bannon v. City of New York, 150 App. Div. 314; Walker v. City of New York, Id. 280; Mack Paving Co. v. City of New York, 142 id. 702, 714.) Jenks, P. J., Thomas, Carr, Stapleton and Putnam, JJ., concurred.

Foster v. City of New York, 168 A.D. 924 (N.Y. Ct. App. 1915).

Pincite

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Opinion

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