Wiesner v. City of Albany

Full title: JOHN WIESNER, Appellant, v. CITY OF ALBANY, Respondent

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

Date published: Jun 1, 1928

224 App. Div. 774 (N.Y. App. Div. 1928)

Opinion

June, 1928.

Order reversed on the law, with costs, and the verdict reinstated, and judgment directed for the plaintiff, with costs, on the ground that it cannot be said as a matter of law that the claim arose more than three months prior to the service on the officers of the city of a written claim and notice of intention to sue. Van Kirk, P.J., Hinman, Davis, Whitmyer and Hill, JJ., concur.