General
John Bertha, Appellant, v. City of New York, Respondent
273 A.D. 812·New York Supreme Court, Appellate Division·1948·NY
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Opinion
John Bertha, Appellant, v. City of New York, Respondent.
[MAJORITY]
Action to recover damages for .personal injuries suffered by plaintiff while a passenger on a trolley car owned and operated by the defendant. Plaintiff had a verdict, which the trial court set aside and, on reserved motions, dismissed the complaint because of the failure of plaintiff to serve a timely notice of intention to sue, or to establish that his delay in the service thereof was excusable.. Judgment for the defendant unanimously affirmed, with costs. No opinion.u Present — Lewis, P. J., Carswell, Johnston, Sneed and Wenzel, JJ. [See past, p. 867.J