Balzer v. City of New York

Full title: VERNON W. BALZER, Respondent, v. THE CITY OF NEW YORK, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: May 27, 1938

254 App. Div. 772 (N.Y. App. Div. 1938)

Opinion

May 27, 1938.

Action to recover damages for personal injuries sustained by plaintiff when he fell on snow and ice on a crosswalk in the borough of Queens. Judgment in favor of plaintiff reversed on the law, with costs, and complaint dismissed, with costs, on the ground of the insufficiency of the notice of claim and intention to sue. Lazansky, P.J., Adel and Taylor, JJ., concur; Davis and Johnston, JJ., dissent and vote to affirm.