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TERESTA v. CITY OF NEW YORK

197 Misc. 732 (1949)

Giacinto Teresta, Plaintiff, v. City of New York et al., Defendants.

Supreme Court, Trial Term, Kings County.

May 19, 1949.

Attorney(s) appearing for the Case

Samuel J. Moskowitz for plaintiff.

John P. McGrath, Corporation Counsel (David H. Scott of counsel), for City of New York, defendant.

WALSH, J.

Plaintiff was injured while a passenger in a trolley car which collided with a truck on December 24, 1945. It is admitted by the answer of the City of New York that "within sixty days after the happening of the alleged occurrence, a certain paper purporting to be a notice of claim was received by the Office of the Comptroller of the defendant, The City of New York," but the answer otherwise denies that "the plaintiff caused to be served upon...

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