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Manny v. Board of Education

9 Misc. 2d 452, 172 N.Y.S.2d 940, 1957 N.Y. Misc. LEXIS 2626
CourtNew York Supreme Court
DecidedAugust 9, 1957
StatusPublished
Cited by3 cases

This text of 9 Misc. 2d 452 (Manny v. Board of Education) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Manny v. Board of Education, 9 Misc. 2d 452, 172 N.Y.S.2d 940, 1957 N.Y. Misc. LEXIS 2626 (N.Y. Super. Ct. 1957).

Opinion

William Deokelman, J.

The defendants move for an order dismissing the complaint herein upon the ground that the cause of action did not accrue within the time limited by law for the commencement of an action thereon, to wit, one year.

The accident happened on February 29,1956. Notice of claim was served on March 7, 1956, and the summons and complaint were served on May 22, 1957.

The Charter of the City of Rensselaer (L. 1915, ch. 69, § 78) provides that no action may be brought for a period of three months after filing of such notice of claim.

It is the opinion of the court that section 24 of the Civil Practice Act is applicable.

Motion denied, without costs.

Submit order.

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Related

Israel v. City of New York
28 Misc. 2d 418 (New York Supreme Court, 1961)
Berman v. City of Syracuse
14 Misc. 2d 893 (New York Supreme Court, 1958)
Trela v. Village of Green Island
9 Misc. 2d 520 (New York Supreme Court, 1957)

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Bluebook (online)
9 Misc. 2d 452, 172 N.Y.S.2d 940, 1957 N.Y. Misc. LEXIS 2626, Counsel Stack Legal Research, https://law.counselstack.com/opinion/manny-v-board-of-education-nysupct-1957.