New York Court of Appeals

Giacinto Teresta v. City of New York

October 16, 1952304 N.Y. 440

Summary

The Court reversed the dismissal of the plaintiff’s claim, holding that the City of New York waived the statutory requirement that a notice of claim be served personally or by registered mail when it accepted the plaintiff’s ordinarily mailed notice and proceeded with a pre‑trial examination. The dissent argued that the statute must be strictly complied with and would have affirmed the dismissal.