TaiLexi AI U.S. Case Law

Brooklyn City Railroad v. City of New York

Brooklyn City Railroad Company v. City of New York

Brooklyn City R.R. v. City of N.Y., 139 Misc. 691 (1930)
Download
Format
Include

Star paging (*137) is kept for pin cites.

Court
Appellate Terms of the Supreme Court of New York · State Appellate Courts
Decided
December 20, 1930
Citations
139 Misc. 691248 N.Y.S. 1961930 N.Y. Misc. LEXIS 18621930 N.Y. App. Div. LEXIS 14024

Opinion of the Court

Text extracted by OCR from a scanned original; check the original for exact wording.

Per Curiam.

Judgment unanimously reversed upon the law and new trial granted, with thirty dollars costs to appellant to abide the event. The notice of claim bore the stamped signature of the officer of the claimant and of the notary public. The court declined to receive it in evidence on the ground that it was not verified, unless it bore the autograph signatures of the claimant and of the notary. The notice of claim states that it was verified by the claimant. There is no proof to the contrary. The fact that the signatures were stamped did not establish that the claim was unverified. Generally, a signature, if adopted as such, may be printed, lithographed or *692 typewritten, as well as written. (David v. Williamsburgh City Fire Ins. Co., 83 N. Y. 265 ; Gen. Constr. Law, § 46.) For aught that appears, the stamped signatures were the authorized and adopted signatures of the claimant and the notary. It was, therefore, error to exclude the notice of claim.

Present, Cropsey, Ma gCrate and Lewis, JJ.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

1937: 11958: 11960: 11971: 11972: 11984: 11991: 12022: 12025: 119372026peak 1937 · 1

Relies on it most ⓘ

  1. Pleatmaster, Inc., and Bert P. Solomon v. Consolidated Trimming Corporation253 F.2d 694 (6th Cir. 1958)
  2. Medical Supply of NY Corp. v. State Farm Mut. Auto. Ins. Co.2025 NY Slip Op 50412(U) (Civ. Ct. NYC, Kings Cty. 2025)
  3. Sandymark Realty Corp. v. Creswell67 Misc. 2d 630 (N.Y. City Civ. Ct. 1971)
  4. People v. Mercado123 Misc. 2d 775 (N.Y. City Crim. Ct. 1984)
  5. People v. McIver39 A.D.2d 671 (1972)
  6. In re the Estate of Romaniw163 Misc. 481 (N.Y. Sur. Ct. 1937)

Most recent

  1. Medical Supply of NY Corp. v. State Farm Mut. Auto. Ins. Co.2025 NY Slip Op 50412(U) (Civ. Ct. NYC, Kings Cty. 2025)
  2. Wesco Ins. Co. v. Hi-Rise Steel Inc.203 A.D.3d 481 (2022)
  3. Fazal Realty Corp. v. Paz151 Misc. 2d 396 (N.Y. City Civ. Ct. 1991)
  4. People v. Mercado123 Misc. 2d 775 (N.Y. City Crim. Ct. 1984)
  5. People v. McIver39 A.D.2d 671 (1972)
  6. Sandymark Realty Corp. v. Creswell67 Misc. 2d 630 (N.Y. City Civ. Ct. 1971)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
David v. Williamsburgh City Fire Ins. Co., 83 N.Y. 265 (1880) 29

Keyboard shortcuts

/Focus the search box
j kNext / previous result
EnterOpen the selected result
xAdd / remove the selected result from the download list
n pNext / previous search term in a case
cCopy the citation of the current case
+ −Larger / smaller reading text
?Show this list