Bernreither v. City of New York (123 A.D. 291, 1908)

Clarke, J.:

¡The plain tiff fellüpon an icy. side walk añd .wasrinj.ured. 7 Alleging that the- condition of the sidewalk was due to the negligence of the " city in maintaining, a. leaking hydrant, he has recovered a,, judgment for his damages. The city appeals from the judgment, but not from"‘the " ófdér' dhriying it's motion for a 'new "trial. "We ‘áre', therefore, confined.to, .a.consideration, of th.e.alleged errors oivlaw.

The accident occurred on March 5, 1904: On September 2,. iMi^'^theye Was servedupon jtlie" comptroller " a>'verified I'claim,-' describing the time, place, cánse and consequences,.,of .the, .ac.cident, and-concluding; “ Wherefore, your claimant prays; that;the.¡said-.-City" "of bfeW York audlt,'adjust'and,all6Wsaid,'cláimfó'r the‘suWtif$2;.0"00. dámágé's’heí’é"bypresented.”....., ' j "

This notice Of claimppuforms to .the .pipvisions.,of apd, was served in compliance with' section 261 of the Revised Qha-rt,er:.(Laws, of 1901, chap. 466), ¡which tprovides -that'. '‘-‘Wd action-