54 N.Y.S. 261 | N.Y. App. Div. | 1898
The action was for personal injuries claimed to have been caused by the defendant’s negligence. The plaintiff failed to allege in his complaint the filing with the corporation counsel of a notice of intention to bring the action, specifying the time when and place where the injuries were received, as required by chapter 572 of the Laws of 1886. Because of the failure to so allege, the complaint was dismissed at the trial upon motion of the defendant’s counsel. The dismissal was right, and the judgment must be affirmed, upon the authority of Babcock v. Mayor, etc., 56 Hun, 196, 9 N. Y. Supp. 368;.Missano v. City of New York, 17 App. Div. 536, 45 N. Y. Supp. 592; and Sheehy v. City of New York (Sup.) 51 N. Y. Supp. 519. The appellant concedes that the Missano Case is adverse to his main contention, but he insists that the provisions of the statute in question were substantially complied with; that the corporation counsel waived all irregularities as to the form of the notice; and that his motion for a rehearing and for leave to amend should have been granted. We think, however, that the denial of this motion was also right. The noncompliance with the statute was substantial and radical. There was no attempt, either in form or substance, to satisfy its requirements. No notice of any kind was filed with the corporation counsel. No intention to commence an action against the city was even ex
The judgment and order appealed from should therefore be affirmed, with costs. All concur.