Moran v. City of Yonkers

Appellate Division of the Supreme Court of New York

Moran v. City of Yonkers

282 A.D. 702, 122 N.Y.S.2d 60, 1953 N.Y. App. Div. LEXIS 4741

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

DecidedJune 1, 1953

StatusPublished

Cited by2 cases

This text of 282 A.D. 702 (Moran v. City of Yonkers) 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

Moran v. City of Yonkers, 282 A.D. 702, 122 N.Y.S.2d 60, 1953 N.Y. App. Div. LEXIS 4741 (N.Y. Ct. App. 1953).

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Opinion

In an action to recover damages for personal injuries sustained by plaintiff by reason of a fall on an allegedly defective sidewalk, defendant appeals from a judgment in favor of plaintiff, rendered after trial. Judgment reversed on the law, with costs to abide the event, and new trial granted. The undisputed proof is that the accident occurred at a point on a sidewalk on Cowles Avenue, in the city of Yonkers, about 100 feet distant from the nearest side of premises known as 119 Cowles Avenue, on the same side of the street. Plaintiff’s notice of claim, given in pursuance of section 50-e of the General Municipal Law, stated that the accident happened on the sidewalk in front of said premises known as 119 Cowles Avenue. In view of the misstatement of the place where the accident was claimed to have taken place, the trial court erred in ruling that the notice of claim complied with the statute. Subdivision 6 of the cited section, which empowered the trial court to correct or disregard the mistake, if the mistake were “ made in good faith ”, and if the granting of such relief did not prejudice the defendant, was not invoked. In the interests of justice the case should be retried. Adel, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldock, JJ., concur.

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In an action to recover damages for personal injuries sustained by plaintiff by reason of a fall on an allegedly defective sidewalk, defendant appeals from a judgment in favor of plaintiff, rendered after trial. Judgment reversed on the law, with costs to abide the event, and new trial granted. The undisputed proof is that the accident occurred at a point on a sidewalk on Cowles Avenue, in the city of Yonkers, about 100 feet distant from the nearest side of premises known as 119 Cowles Avenue, on the same side of the street. Plaintiff’s notice of claim, given in pursuance of section 50-e of the General Municipal Law, stated that the accident happened on the sidewalk in front of said premises known as 119 Cowles Avenue. In view of the misstatement of the place where the accident was claimed to have taken place, the trial court erred in ruling that the notice of claim complied with the statute. Subdivision 6 of the cited section, which empowered the trial court to correct or disregard the mistake, if the mistake were “ made in good faith ”, and if the granting of such relief did not prejudice the defendant, was not invoked. In the interests of justice the case should be retried. Adel, Acting P. J., Wenzel, MaeCrate, Schmidt and Beldock, JJ., concur.

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Bluebook (online)

282 A.D. 702, 122 N.Y.S.2d 60, 1953 N.Y. App. Div. LEXIS 4741, Counsel Stack Legal Research, https://law.counselstack.com/opinion/moran-v-city-of-yonkers-nyappdiv-1953.

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