Meiner v. City of New York

Appellate Division of the Supreme Court of New York

Meiner v. City of New York

262 A.D. 970, 30 N.Y.S.2d 177, 1941 N.Y. App. Div. LEXIS 6703

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

DecidedSeptember 29, 1941

StatusPublished

Cited by3 cases

This text of 262 A.D. 970 (Meiner 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

Meiner v. City of New York, 262 A.D. 970, 30 N.Y.S.2d 177, 1941 N.Y. App. Div. LEXIS 6703 (N.Y. Ct. App. 1941).

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Opinion

In an action to recover damages for personal injuries sustained in a fall upon an icy sidewalk, and for loss of services, judgment dismissing the complaint on the ground of failure to comply with the statute in giving notice to officers of the municipality unanimously affirmed, with costs. A claimant is not relieved from failure to comply with the statute requiring notice because he has been examined as to the details of his claim. The decision in Giovanniello v. City of New York (163 Misc. 868) seems not to have been approved in Lewis v. City of New York (278 N. Y. 517), although cited on that appeal, and this court likewise does not approve it. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.

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In an action to recover damages for personal injuries sustained in a fall upon an icy sidewalk, and for loss of services, judgment dismissing the complaint on the ground of failure to comply with the statute in giving notice to officers of the municipality unanimously affirmed, with costs. A claimant is not relieved from failure to comply with the statute requiring notice because he has been examined as to the details of his claim. The decision in Giovanniello v. City of New York (163 Misc. 868) seems not to have been approved in Lewis v. City of New York (278 N. Y. 517), although cited on that appeal, and this court likewise does not approve it. Present — Lazansky, P. J., Hagarty, Carswell, Johnston and Adel, JJ.

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Bluebook (online)

262 A.D. 970, 30 N.Y.S.2d 177, 1941 N.Y. App. Div. LEXIS 6703, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meiner-v-city-of-new-york-nyappdiv-1941.

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