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Per Curiam. We hold this proceeding was not prematurely brought. We construe the words “ within one year thereafter ” in the first subdivision of section 205 of the General Municipal Law
*601 as relating to the time of death following injury and not the time for the payment by the municipality following death.All concur. Present — Sears, P. J., Taylor, Edgcomb, Crosby and Lewis, JJ.
Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.
Document Info
Citation Numbers: 244 A.D. 600, 280 N.Y.S. 65, 1935 N.Y. App. Div. LEXIS 5885
Filed Date: 5/15/1935
Precedential Status: Precedential
Modified Date: 10/27/2024