Decker v. City of New York

Full title: FANNY DECKER, Appellant, v. THE CITY OF NEW YORK, Respondent

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

Date published: Oct 4, 1937

252 App. Div. 748 (N.Y. App. Div. 1937)

Opinion

October 4, 1937.

Present — Hagarty, Carswell, Davis, Adel and Taylor, JJ. Motion granted and upon reargument the decision of this court handed down on July 2, 1937 [ 251 App. Div. 891], is hereby modified to read as follows: Judgment dismissing plaintiff's complaint at the close of her case, on the ground that she failed to serve a notice of claim and intention to sue within six months after the accident, unanimously affirmed, with costs. No opinion.

Present — Lazansky, P.J., Hagarty, Carswell, Davis and Johnston, JJ.

Motion for leave to appeal to the Court of Appeals denied. The motion for reargument is referred to the court that rendered the decision on the appeal.