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Bernreither v. City of New York

Court of Appeals of the State of New York
Oct 5, 1909
89 N.E. 1096 (N.Y. 1909)

Opinion

Argued June 11, 1909

Decided October 5, 1909

Andrew C. Morgan for appellant.

Francis K. Pendleton, Corporation Counsel ( Theodore Connoly and Clarence L. Barber of counsel), for respondent.


Order affirmed and judgment absolute ordered against appellant on the stipulation, with costs in all courts, upon the ground that the notice of intention to sue required by the act of 1886, and the demand required by the provisions of the city charter are concurrent in their obligations, both being conditions precedent to the right to maintain the action; no opinion.

Concur: CULLEN, Ch. J., GRAY, EDWARD T. BARTLETT, VANN, WILLARD BARTLETT and CHASE, JJ. Taking no part: HAIGHT, J.


Summaries of

Bernreither v. City of New York

Court of Appeals of the State of New York
Oct 5, 1909
89 N.E. 1096 (N.Y. 1909)
Case details for

Bernreither v. City of New York

Case Details

Full title:MARTIN BERNREITHER, Appellant, v . THE CITY OF NEW YORK, Respondent

Court:Court of Appeals of the State of New York

Date published: Oct 5, 1909

Citations

89 N.E. 1096 (N.Y. 1909)
196 N.Y. 506