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MATTER OF DRAKE v. COMPTROLLER OF CITY OF N. Y.

278 A.D. 317 (1951)

In the Matter of Minnie Drake, Respondent, v. Comptroller of the City of New York et al., Appellants

Appellate Division of the Supreme Court of the State of New York, First Department.

May 22, 1951.

Attorney(s) appearing for the Case

Alfred Weinstein of counsel (Seymour B. Quel with him on the brief; John P. McGrath, Corporation Counsel), for appellants.

Bernard J. Mallen of counsel (Rice & Mallen, attorneys), for respondent.

PECK, P. J., DORE and McCURN, JJ., concur with VAN VOORHIS, J.; COHN, J., dissents and votes to reverse and deny the motion, in opinion.

VAN VOORHIS, J.

Petitioner-respondent, within sixty days as then limited by section 50-e of the General Municipal Law, signed and verified a notice of claim against the City of New York which complied in all respects with that section. This notice was mailed to the city comptroller and is admitted to have been received by him and petitioner examined at his instance regarding the facts of her claim within the said...

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