Legal Opinion
Millard v. Lewis
New York Supreme Court
Decided March 25, 1959PublishedCited by 2 opinions
1Opinion of the CourtSamuel W. Eager, J.
This is a motion by the defendants to dismiss the complaint for insufficiency on the face thereof. The action is one to recover for injuries sustained by a school boy through the alleged negligent operation of a school bus. The action is against the Board of Education and the driver of the bus. The accident occurred on October 24, 1952, and the action was not commenced until upwards of two years thereafter. The complaint does not alleges the service of a written notice of claim as required by the provisionse of the General Municipal Law.
The plaintiff claims waiver by the Board of Education of…
2Cases cited12 opinions
- Teresta v. City of New YorkNew York Court of Appeals · 1952
- Winter v. . City of Niagara FallsNew York Court of Appeals · 1907
- Martin v. School Board of Union Free District No. 28New York Court of Appeals · 1950
- Sandak v. Tuxedo Union School District No. 3New York Court of Appeals · 1954
- Purdy v. . City of New YorkNew York Court of Appeals · 1908
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3Cited by2 opinions
- Furlo v. CheekAppellate Division of the Supreme Court of the State of New York · 1964
- Claims of Carr v. Genesee Valley Regional Market AuthorityNew York Supreme Court · 1961