Is a plaintiff's failure to serve a notice on a defective street valid?

"New York", United States of America

The following excerpt is from Weisman v. City of New York, 114 N.E. 70, 219 N.Y. 178 (N.Y. 1916):

In Cotriss v. Village of Medina, supra, the plaintiff failed to comply with the requirement of a statute that verified claims for damages for personal injuries resulting from defective streets should be served. It was claimed that plaintiff's failure to verify her notice did not result in any injury to the defendant, and therefore should be overlooked, but it was said in respect of this claim:

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