Berner v. City of New York

Full title: RUTH BERNER et al., Respondents, v. CITY OF NEW YORK, Appellant

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

Date published: Apr 18, 1950

276 App. Div. 1069 (N.Y. App. Div. 1950)

Opinion

April 18, 1950.

Present — Dore, J.P., Cohn, Callahan, Van Voorhis and Shientag, JJ.

Judgment unanimously reversed, with costs to the appellant, and judgment directed to be entered herein dismissing the complaint, with costs, on the ground that the notice of claim was neither verified, as required by subdivision b of section 394a-1.0 of the Administrative Code, nor was it sworn to, as was the case in Schorr v. New York City Housing Authority ( 270 App. Div. 339, affd. 296 N.Y. 524). (See Tannenbaum v. City of New York, 182 Misc. 109, affd. 268 App. Div. 1062; Ponsrok v. City of Yonkers, 254 N.Y. 91, and Matter of Bristol v. Buck, 201 App. Div. 100, affd. 234 N.Y. 504.)