Hyperlawhypertext legal database Spinelli v. McMullen, Snare & Treist, Inc. 148 N.Y.S. 212

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Spinelli v. McMullen, Snare & Treist, Inc.

148 N.Y.S. 212 Court Argued June term, 1914, before SEABURY, PAGE, and BIJUR, JJ. Decision date 1914-06-18 English

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p. 212
SPINELLI v. McMULLEN, SNARE & TREIST, Inc.
(Supreme Court, Appellate Term, First Department.
June 18, 1914.)

Headnote

Master and Servant (§ 252[1] )—Injury to Servant—Notice under Employers’ Liability Act.
Service of notice in conformity to the Employers’ Liability Act (Consol. Laws, c. 31, §§ 200-204) is a condition precedent to the right of an employe to recover for a personal injury.
[Ed. Note.—For other cases, see Master and Servant, Cent. Dig. § 806; Dec. Dig. § 252.*]
Appeal from Municipal Court, Borough of the Bronx, Second District.
Action under the Employers’ Liability Act by Pasquale Spinelli, by Fiore Spinelli, his guardian ad litem, against McMullen, Snare & Treist, Incorporated, to recover for personal injuries to plaintiff. From a judgment for plaintiff, defendant appeals.
Reversed, and complaint dismissed.
Argued June term, 1914, before SEABURY, PAGE, and BIJUR, JJ.
Halsey, Kiernan & O’Keefe, of New York City (John R. Halsey, of New York City, of counsel), for appellant.
Domenick A. Montani, of New York City, for respondent.

The service of a notice in conformity to the statute was a condition precedent to the plaintiff’s right to recover. The alleged notice served did not comply with the statute. Logerto v. Central Building Co., 198 N. Y. 390 , 91 N. E. 782 .

Judgment reversed, with costs, and complaint dismissed, with costs:

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