FARRELL v. CITY OF NEW YORK


197 Misc. 1059 (1950)

Frank F. Farrell, as Administrator of The Estate of Agnes Casey, Deceased, Respondent, v. City of New York, Appellant.

Supreme Court, Appellate Term, First Department.

April 20, 1950.


Attorney(s) appearing for the Case

John P. McGrath, Corporation Counsel (Seymour B. Quel and Joseph J. Lucchi of counsel), for appellant.

Jules N. Bloch for respondent.

EDER, J., concurs with PECORA, J.; HAMMER, J., concurs in memorandum.


PECORA, J.

The essential facts are not in dispute. The action is brought on a check dated and issued on July 1, 1942, by defendant to one Agnes Casey, the plaintiff's intestate, in payment for services rendered by her as a school teacher. The check bore on its face the inscription, "not valid unless presented within 90 days". It is not contradicted that such restriction "is a usual and accepted practice in the...

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