Appellate Division of the Supreme Court of New York, 1935

Turk v. City of Canandaigua

Appellate Division of the Supreme Court of New York · Decided May 15, 1935

244 A.D. 600; 280 N.Y.S. 65; 1935 N.Y. App. Div. LEXIS 5885

Counsel

John H. Kavanaugh, for the appellant., Edward J. Colmey, for the respondent.

Opinion of the Court

Per Curiam.

We hold this proceeding was not prematurely brought. We construe the words “ within one year thereafter ” in the first subdivision of section 205 of the General Municipal Law *601as relating to the time of death following injury and not the time for the payment by the municipality following death.

All concur. Present — Sears, P. J., Taylor, Edgcomb, Crosby and Lewis, JJ.

Order reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs.

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