Puccio v. Miller

Appellate Division of the Supreme Court of New York

Puccio v. Miller

264 A.D. 807, 34 N.Y.S.2d 698, 1942 N.Y. App. Div. LEXIS 4805

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

DecidedMay 13, 1942

StatusPublished

This text of 264 A.D. 807 (Puccio v. Miller) 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

Puccio v. Miller, 264 A.D. 807, 34 N.Y.S.2d 698, 1942 N.Y. App. Div. LEXIS 4805 (N.Y. Ct. App. 1942).

Pincite

Opinion

The defendant, Town of Nassau, has appealed from an order of the Rensselaer Special Term of Supreme Court denying its motion to dismiss plaintiff’s complaint on the ground that no proper notice of claim was filed with the town authorities pursuant to the provisions of section 215 of the Highway Law. The action is brought to recover damages for personal injuries and also for damages to property. In the notice of claim made a part of the complaint it is alleged that on March 7, 1939, while plaintiff was operating his automobile on a public highway in the defendant town, and while rounding a curve, the “ ear struck a- cut or ditch that ran directly across the said highway.” The highway in question is a country road and is about three miles in length. The notice sufficiently states the place where the accident occurred. In addition to that, defendant’s commissioner of highways had actual notice of the happening of the accident. Order unanimously affirmed, with twenty-five dollars costs and disbursements. Present — Hill, P. J., Crapser, Heffernan, Sehenek and Foster, JJ.

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The defendant, Town of Nassau, has appealed from an order of the Rensselaer Special Term of Supreme Court denying its motion to dismiss plaintiff’s complaint on the ground that no proper notice of claim was filed with the town authorities pursuant to the provisions of section 215 of the Highway Law. The action is brought to recover damages for personal injuries and also for damages to property. In the notice of claim made a part of the complaint it is alleged that on March 7, 1939, while plaintiff was operating his automobile on a public highway in the defendant town, and while rounding a curve, the “ ear struck a- cut or ditch that ran directly across the said highway.” The highway in question is a country road and is about three miles in length. The notice sufficiently states the place where the accident occurred. In addition to that, defendant’s commissioner of highways had actual notice of the happening of the accident. Order unanimously affirmed, with twenty-five dollars costs and disbursements. Present — Hill, P. J., Crapser, Heffernan, Sehenek and Foster, JJ.

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Bluebook (online)

264 A.D. 807, 34 N.Y.S.2d 698, 1942 N.Y. App. Div. LEXIS 4805, Counsel Stack Legal Research, https://law.counselstack.com/opinion/puccio-v-miller-nyappdiv-1942.