Turk v. City of Canandaigua

Appellate Division of the Supreme Court of New York

Turk v. City of Canandaigua

244 A.D. 600, 280 N.Y.S. 65, 1935 N.Y. App. Div. LEXIS 5885

Appellate Division of the Supreme Court of the State of New York·Decided May 15, 1935·Published

Opinion

Per Curiam.

We hold this proceeding was not prematurely brought. We construe the words “ within one year thereafter ” in the first subdivision of section 205 of the General Municipal Law [601]*601as relating to the time of death following injury and not the time for the payment by the municipality following death.

All concur. Present — Sears, P. J., Taylor, Edgcomb, Crosby and Lewis, JJ.

Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.

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Per Curiam.

We hold this proceeding was not prematurely brought. We construe the words “ within one year thereafter ” in the first subdivision of section 205 of the General Municipal Law [601]*601as relating to the time of death following injury and not the time for the payment by the municipality following death.

All concur. Present — Sears, P. J., Taylor, Edgcomb, Crosby and Lewis, JJ.

Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.

Turk v. City of Canandaigua, 244 A.D. 600, 280 N.Y.S. 65, 1935 N.Y. App. Div. LEXIS 5885 (N.Y. Ct. App. 1935).

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244 A.D. 600 (Turk v. City of Canandaigua) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.