Horbert v. Town of Islip

Appellate Division of the Supreme Court of New York

Horbert v. Town of Islip

283 A.D. 661, 127 N.Y.S.2d 821, 1954 N.Y. App. Div. LEXIS 4820

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

DecidedJanuary 11, 1954

StatusPublished

Cited by4 cases

This text of 283 A.D. 661 (Horbert v. Town of Islip) 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

Horbert v. Town of Islip, 283 A.D. 661, 127 N.Y.S.2d 821, 1954 N.Y. App. Div. LEXIS 4820 (N.Y. Ct. App. 1954).

Pincite

Opinion

Action by plaintiff Elizabeth Horbert to recover damages for personal injuries and by her husband for medical expenses and loss of services. The amended complaint alleges that the personal injuries were sustained when said plaintiff caught her foot in a catch basin negligently constructed and maintained by defendant on a public sidewalk; and that thereafter a verified notice of claim was duly served upon defendant. It is not alleged that written notice of the defect had been given to defendant under subdivision 2 of section 215 of the Highway Law. Defendant appeals from an order denying its motion to dismiss the amended complaint for failure to state facts sufficient to constitute a cause of action. Order affirmed, with $10 costs and disbursements. Ho opinion. Adel, Acting P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Action by plaintiff Elizabeth Horbert to recover damages for personal injuries and by her husband for medical expenses and loss of services. The amended complaint alleges that the personal injuries were sustained when said plaintiff caught her foot in a catch basin negligently constructed and maintained by defendant on a public sidewalk; and that thereafter a verified notice of claim was duly served upon defendant. It is not alleged that written notice of the defect had been given to defendant under subdivision 2 of section 215 of the Highway Law. Defendant appeals from an order denying its motion to dismiss the amended complaint for failure to state facts sufficient to constitute a cause of action. Order affirmed, with $10 costs and disbursements. Ho opinion. Adel, Acting P. J., Wenzel, MacCrate, Schmidt and Beldock, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

283 A.D. 661, 127 N.Y.S.2d 821, 1954 N.Y. App. Div. LEXIS 4820, Counsel Stack Legal Research, https://law.counselstack.com/opinion/horbert-v-town-of-islip-nyappdiv-1954.

Opinion

Related

Cite This Page — Counsel Stack