Bolster v. Mayor of New York — 38 N.Y.S. 1141

Majority

p. 1141

BOLSTER, Appellant, v. MAYOR, ETC., OF CITY OF NEW YORK, Respondent.

(Supreme Court, Appellate Division, First Department,

April 24, 1896.)

Headnote

Action by Honora Bolster against the mayor, etc., of the city of New York. J. B. Hands, for appellant. T. Connoly, for respondent.

This case is within the principle of Foley v. Mayor, etc., 1 App. Div. 586 , 37 N. Y. Supp. 465 , and should be affirmed on the authority of that case. In that case, as in this, the plaintiff had been examined under the authority of section 123 of the consolidation act; but the parol notice given at the time of that examination was not thought to be sufficient notice of the intention to sue, to permit a recovery. The same rule must be applied here. Judgment affirmed, with costs.

Cases cited

Foley v. Mayor of New York 1 App. Div. 586 N.Y. App. Div. 1896-02-21 p. 1141