Legal Opinion

City of Buffalo v. Maggio

New York Court of Appeals

Decided April 18, 1968PublishedCited by 22 opinions

1Opinion of the Court

Memorandum.

The order of the Appellate Division should be affirmed. In our view, the cause of action which accrues to the city under section 207-c of the General Municipal Law is derived from its injured employee’s cause of action in negligence against the person causing such injury.

Section 207-c merely gives the city a direct remedy against the person liable to the employee in negligence. It does not create a new liability (United States Cas. Co. v. North Amer. Brewing Co., 253 App. Div. 576, affd. 279 N. Y. 762).

Since the right to bring the direct action is bottomed on the employee’s cause…

2Cases cited2 opinions

  1. United States Casualty Co. v. North American Brewing Co.New York Court of Appeals · 1939
  2. United States Casualty Co. v. North American Brewing Co.Appellate Division of the Supreme Court of the State of New York · 1938

3Cited by22 opinions

  1. Holdridge v. Heyer-Schulte Corp. of Santa BarbaraDistrict Court, N.D. New York · 1977
  2. State Farm Mutual Automobile Insurance v. Regional Transit Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1980
  3. Safeco Insurance Co. of America v. Jamaica Water Supply Co.Appellate Division of the Supreme Court of the State of New York · 1981
  4. Claim of McKay v. Town of West SenecaAppellate Division of the Supreme Court of the State of New York · 1976
  5. City of Buffalo v. MurryAppellate Division of the Supreme Court of the State of New York · 1981

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