Delano v. County of Suffolk
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The County of Suffolk, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Suffolk on the 20th day of February, 1920, denying the defendant’s motion for judgment on the pleadings, consisting of the complaint and answer. Order affirmed, with ten dollars costs and disbursements, upon the opinion of Mr. Justice Cbopsey at Special Term.
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Appeal by the defendant, The County of Suffolk, from an order of the Supreme Court, made at the Kings County Special Term and entered in the office of the clerk of the county of Suffolk on the 20th day of February, 1920, denying the defendant’s motion for judgment on the pleadings, consisting of the complaint and answer. Order affirmed, with ten dollars costs and disbursements, upon the opinion of Mr. Justice Cbopsey at Special Term. Jenks, P. J., Mills, Rich and Blackmab, JJ., concur; Jay-cox, J., dissents upon the ground that the exclusive remedy was an application for audit to the county…
1Opinion of the Court
The following is the opinion delivered at Special Term:
Cropsey, J.:
Before the enactment of the provisions in the County Law making counties municipal corporations and directing actions by or against them to be in the name of the county there were *460numerous decisions holding a county could not be sued in its name, and the same has been stated since the County Law enactment. (Albrecht v. County of Queens, 84 Hun, 399.) But the language of the County Law is plain and broad (§§ 3, 4, and see § 6, added by Laws of 1917, chap. 578), and the more recent and controlling decisions hold that an action…
2Cases cited6 opinions
- New York Catholic Protectory v. Rockland CountyNew York Court of Appeals · 1914
- Kennedy v. County of QueensAppellate Division of the Supreme Court of the State of New York · 1900
- Albrecht v. Queens CountyNew York Supreme Court · 1895
- New York Central Railroad v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1916
- Western New York Institution for Deaf Mutes v. County of BroomeNew York Supreme Court · 1913
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