119 N.Y. 156 | NY | 1890
This case is governed by the decision in Howell v. City ofBuffalo (
The charter of Brooklyn, under which the present contention arises, declares that "no action or special proceeding' shall be maintained against the city, unless it shall appear by the complaint that at least thirty days had elapsed "since the claim or claims, upon which said action or special proceeding is founded, were presented in detail and duly verified by such claimant or claimants to the comptroller of said city for adjustment," and a subsequent clause in the same section authorizes the comptroller to require "any person presenting for settlement an account or claim," to be sworn and answer orally as to any facts relative to the justness of such "account or claim." (Chap. 583, Laws of 1888, tit. 22, § 30.)
The words "claim or account," in connection with the purpose of presentation, and the designation of the officer to whom the presentation is to be made naturally indicate claims *159
on contract which may, in ordinary course, be adjusted by the comptroller or chief financial officer or officers of the city, the justness of which may be ascertained by the summary method of examination provided. There is nothing in the language of the charter to take the case out of the operation of the decisions. In Dickinson v. Mayor, etc. (
There has been a diversity of opinion in the Supreme Court upon the question, but the general rule having been declared by this court in analogous cases, we think there is no reason for now changing it. The opinions below contain an exhaustive review of the cases on the subject, and further elaboration is unnecessary.
We concur in the conclusion reached, and the judgment should be affirmed, with leave to the defendant to apply to the court below for leave to answer.
All concur.
Judgment accordingly. *160