Legal Opinion
Murphy v. Erie County
New York Supreme Court
Decided October 6, 1969Published
1Opinion of the CourtMichael Catalano, J.
Plaintiffs move to serve an amended complaint.
Defendants move to dismiss the amended complaint, upon the grounds of insufficiency and res judicata.
This is the third complaint seeking the same relief from the Supreme Court in Erie County.
The first complaint (includes “petition”; CPLR 105, subd. [b]) dated August 6, 1969, named Jerome T. Murphy (herein called “ Jerome ”), a taxpayer as petitioner for judgment under CPLR article 78 in the nature of “prohibition” against the County Legislature of the County of Erie (herein called “ County Legislature ”) and B. John Tutuska, as County Executive of…
2Cases cited18 opinions
- Schuylkill Fuel Corp. v. B. & C. Nieberg Realty Corp.New York Court of Appeals · 1929
- Talcott v. . City of BuffaloNew York Court of Appeals · 1891
- Darlington v. . Mayor, C., of New YorkNew York Court of Appeals · 1865
- People Ex Rel. Burby v. . HowlandNew York Court of Appeals · 1898
- Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
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