Legal Opinion

Hahin v. City of Buffalo

New York Supreme Court

Decided February 25, 1964PublishedCited by 12 opinions

1Opinion of the CourtReid S. Moule, J.

The defendants City of Buffalo and Thomas M. Macaluso seek an order dismissing the complaint for legal insufficiency.

The action arises out of an accident in which it is claimed that a city-owned truck driven by Macaluso struck an automobile in which the plaintiffs Margaret Hahin and Robert Gerald Hahin were passengers.

Notice of claim was served on the city within 90 days after the accident, but the action was not commenced within a year and 90 days after the accident.

The defendants contend that by virtue of section 50-i of the General Municipal Law, the plaintiffs’ action is barred as to…

2Cases cited4 opinions

  1. Sandak v. Tuxedo Union School District No. 3New York Court of Appeals · 1954
  2. Derlicka v. LeoNew York Court of Appeals · 1939
  3. O'Hara v. Sears Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 1955
  4. Van Tassell v. HillAppellate Division of the Supreme Court of the State of New York · 1955

3Cited by12 opinions

  1. Rodney Taylor v. Thomas Mayone, Sheriff of Ulster County, Deputy John Doe and Sergeant John DoeCourt of Appeals for the Second Circuit · 1980
  2. Paschall v. MayoneDistrict Court, S.D. New York · 1978
  3. Regan v. SullivanCourt of Appeals for the Second Circuit · 1977
  4. Fitzgerald v. LyonsAppellate Division of the Supreme Court of the State of New York · 1972
  5. Sorge v. City of New YorkNew York Supreme Court · 1968

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