Freligh v. City of New York

Appellate Division of the Supreme Court of New York

Freligh v. City of New York

265 A.D. 967, 38 N.Y.S.2d 960, 1942 N.Y. App. Div. LEXIS 6776

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

DecidedDecember 30, 1942

StatusPublished

Cited by1 cases

This text of 265 A.D. 967 (Freligh 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.

Bluebook

Freligh v. City of New York, 265 A.D. 967, 38 N.Y.S.2d 960, 1942 N.Y. App. Div. LEXIS 6776 (N.Y. Ct. App. 1942).

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Opinion

The notice of intention to sue complied substantially with section 394a-1.0 of the Administrative Code of the City of New York “with such practical certainty as to satisfy the purpose of the statute” (Denecke v. Property Collaterals, Inc., 279 N. Y. 105, 107) so as “ to give the city the opportunity to investigate' such claim.” (Schwartz v. City of New York, 250 N. Y. 332, 335.) The accident happened at the southwest corner of Vanderbilt and St. Marks avenues, in Brooklyn. The reference to premises on St. Marks avenue was as unnecessary as it was erroneous. But, in view of the small area covered by the places mentioned in the notice, the notice, when reasonably construed, accomplished the purpose of the statute. (Walden v. City of Jamestown, 178 N. Y. 213.) Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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The notice of intention to sue complied substantially with section 394a-1.0 of the Administrative Code of the City of New York “with such practical certainty as to satisfy the purpose of the statute” (Denecke v. Property Collaterals, Inc., 279 N. Y. 105, 107) so as “ to give the city the opportunity to investigate' such claim.” (Schwartz v. City of New York, 250 N. Y. 332, 335.) The accident happened at the southwest corner of Vanderbilt and St. Marks avenues, in Brooklyn. The reference to premises on St. Marks avenue was as unnecessary as it was erroneous. But, in view of the small area covered by the places mentioned in the notice, the notice, when reasonably construed, accomplished the purpose of the statute. (Walden v. City of Jamestown, 178 N. Y. 213.) Lazansky, P. J., Carswell, Johnston, Adel and Close, JJ., concur.

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Bluebook (online)

265 A.D. 967, 38 N.Y.S.2d 960, 1942 N.Y. App. Div. LEXIS 6776, Counsel Stack Legal Research, https://law.counselstack.com/opinion/freligh-v-city-of-new-york-nyappdiv-1942.

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