Zimbalist v. Board of Education

City of New York Municipal Court

Zimbalist v. Board of Education

160 Misc. 415, 289 N.Y.S. 1068, 1936 N.Y. Misc. LEXIS 1247

DecidedJune 30, 1936

StatusPublished

This text of 160 Misc. 415 (Zimbalist v. Board of Education) is published on Counsel Stack Legal Research, covering City of New York Municipal Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Zimbalist v. Board of Education, 160 Misc. 415, 289 N.Y.S. 1068, 1936 N.Y. Misc. LEXIS 1247 (N.Y. Super. Ct. 1936).

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Opinion

Sullivan (Daniel V.), J.

Chapter 484 of the Laws of 1933, which amends section 1 of chapter 572 of the Laws of 1886, provides that no action shall be commenced against the board of education “ unless notice of the intention to commence such action and of the time and place at which the injuries were received, shall have been served.” It appears such notice was served in this case.

Unlike section 261 of the Greater New York Charter, the statute under consideration does not provide for the presentation of a claim, a wait of thirty days thereafter and attendance before the comptroller, if required.

The city of New York and the board of education of the city of New York are separate entities.

The statute referred to appears complete and the charter provision should not by implication be read into it thus defeating a seemingly legitimate claim of an infant of tender years. The motion to set the verdict aside is denied.

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Sullivan (Daniel V.), J.

Chapter 484 of the Laws of 1933, which amends section 1 of chapter 572 of the Laws of 1886, provides that no action shall be commenced against the board of education “ unless notice of the intention to commence such action and of the time and place at which the injuries were received, shall have been served.” It appears such notice was served in this case.

Unlike section 261 of the Greater New York Charter, the statute under consideration does not provide for the presentation of a claim, a wait of thirty days thereafter and attendance before the comptroller, if required.

The city of New York and the board of education of the city of New York are separate entities.

The statute referred to appears complete and the charter provision should not by implication be read into it thus defeating a seemingly legitimate claim of an infant of tender years. The motion to set the verdict aside is denied.

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Bluebook (online)

160 Misc. 415, 289 N.Y.S. 1068, 1936 N.Y. Misc. LEXIS 1247, Counsel Stack Legal Research, https://law.counselstack.com/opinion/zimbalist-v-board-of-education-nynyccityct-1936.