Jacob Thomann, Respondent v. the City of Rochester, Appellant

Summary

The Court held that Section 632 of the Rochester charter requires a claimant to give written notice within thirty days of the injury for any claim for damages, even when the claim is for a continuing nuisance, and that damages cannot be awarded for periods prior to such notice; the appellate division's reversal was therefore reversed and the trial court's judgment affirmed. Justice Hubbs dissented, arguing that the charter provision unconstitutionally bars timely injunctive relief for ongoing harms.