Citation Numbers: 254 A.D. 772, 5 N.Y.S.2d 23, 1938 N.Y. App. Div. LEXIS 7551
Filed Date: 5/27/1938
Status: Precedential
Modified Date: 10/28/2024
Action to recover damages for personal injuries sustained by plaintiff when he fell on snow and ice on a crosswalk in the borough of Queens. Judgment in favor of plaintiff reversed on the law, with costs, and complaint dismissed, with costs, on the ground of the insufficiency of the notice of claim and intention to sue. Lazansky, P. J., Adel and Taylor, JJ., concur; Davis and Johnston, JJ., dissent and vote to affirm.