KAROLKIEWICZ v. CITY OF SCHENECTADY


28 F.Supp. 343 (1939)

KAROLKIEWICZ v. CITY OF SCHENECTADY.

District Court, N. D. New York.

February 28, 1939.


Attorney(s) appearing for the Case

La Cholter & Naumoff, of Schenectady, N. Y. (Abraham Kadanoff, of New York City, of counsel), for plaintiff.

Arlen St. Louis, Corp. Counsel, of Schenectady, for defendant.


COOPER, District Judge.

This is a motion by the defendant for a separate trial of the issue of what is in effect a statute of limitations.

The City Charter of Schenectady provides that no action for negligence shall be brought against the City unless a claim and notice of intention to sue is filed with the city within thirty days from the receipt of the injuries and suit is brought within one year.

This action was brought within the year but notice...

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