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TERESTA v. CITY OF NEW YORK

304 N.Y. 440 (1952)

Giacinto Teresta, Appellant, v. City of New York, Respondent.

Court of Appeals of the State of New York.

Decided October 16, 1952

Attorney(s) appearing for the Case

Samuel J. Moskowitz and Abraham Umanov for appellant.

Denis M. Hurley, Corporation Counsel (Samuel D. Johnson and Seymour B. Quel of counsel), for respondent.

LOUGHRAN, Ch. J., CONWAY, DESMOND and FROESSEL, JJ., concur with FULD, J.; LEWIS, J., dissents in opinion in which DYE, J., concurs.

FULD, J.

Plaintiff, a laborer over sixty years old, injured when a city-owned trolley in which he was a passenger collided with a truck, went to the Municipal Building in order to make known his claim against the City of New York. He was there given a notice of claim form and also, according to defendant, an instruction sheet stating that the completed form should be sent to the comptroller's office by registered...

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