MATTER OF WHITE v. CITY OF NEW YORK


285 A.D. 69 (1954)

In the Matter of Mabel M. White, Respondent, v. City of New York, Appellant

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

December 7, 1954.


Attorney(s) appearing for the Case

Ave Yeghenian of counsel (Seymour B. Quel with him on the brief; Adrian P. Burke, Corporation Counsel, attorneys), for appellant.

Asher W. Schwartz of counsel (O'Donnell & Schwartz, attorneys), for respondent.

DORE, J. P., CALLAHAN, BASTOW, BOTEIN and BERGAN, JJ., concur.


Per Curiam.

Claimant was injured on July 16, 1953, by a policeman's horse while watching a parade at Fifth Avenue and Fifty-Seventh Street. She served a notice of claim against the City of New York on October 15, 1953, asserting the negligent causation of her injury. This was ninety-one days after the occurrence.

The applicable statute, section 50-e of the General Municipal Law, requires in a case founded on tort where notice of claim is a condition...

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