
    SPINELLI v. McMULLEN, SNARE & TREIST, Inc.
    (Supreme Court, Appellate Term, First Department.
    June 18, 1914.)
    Master and Servant (§ 252)—Injuries to Servant—Employers’ Liability Act.
    Service .of notice in conformity with the statute is a condition precedent to the right of a servant to recover under the Employers’ Liability Act (Consol. Laws, c. 31, §§ 200-204).
    [Ed. Note.—For other cases, see Master and Servant, Cent. Dig. § 806; Dec. Dig. § 252.*]
    Appeal from Municipal Court, Borough of the Bronx, Second District.
    
      Personal injury action by Alfonso Spinelli, by Fiore Spinelli, his guardian ad litem, against McMullen, Snare & Treist, Incorporated. From a judgment for plaintiff, defendant appeals.
    Reversed, and complaint dismissed.
    Argued June term, 1914, before SEABURY, PAGE, and BIJUR, JJ.
    Halsey, Kiernan & O’Keefe, of New York City (John R. Halsey, of New York City, of counsel), for appellant.
    Domenick A. Montani, of New York City, for respondent.
    
      
      For other cases see same topic & § number in Dec. & Am. Digs. 1907 to date, & Rep’r Indexes
    
   PER CURIAM.

The service of a notice in conformity to the statute was a condition precedent to the plaintiff's right to recover. The alleged notice served did not comply with the statute. Logerto v. Central Building Co., 198 N. Y. 390, 91 N. E. 782.

Judgment reversed, with costs, and complaint dismissed, with costs.  