Mary Crapo, as Administratrix of the Estate of Henry Crapo, Deceased, Appellant v. the City of Syracuse, Respondent

Summary

The Court affirmed the trial court judgment, holding that an action under §1902 of the Code of Civil Procedure is a personal injury action within chapter 572 of the Laws of 1886 and that the cause of action does not accrue until the administrator is appointed, making the statutory notice and filing timely. Separate dissenting and concurring opinions argued that the cause accrued at the decedent's death and that the statute should bar the claim.