Legal Opinion

Caro v. City of New York

New York Supreme Court

Decided November 29, 1961PublishedCited by 4 opinions

1Opinion of the CourtJacob Markowitz, J.

The defendant New York City Housing Authority moves for summary judgment dismissing the complaint. The motion is grounded on the separate defense, which is based on section 50-e of the General Municipal Law. Notice of claim was served and received. . While the statute requires service, personally or by “registered” mail, service in this instance was made by “ certified ” mail. In Teresta v. City of New York (304 N. Y. 440), the Court of Appeals held that (pp. 442-443) “ Since the city neither returned the notice, nor at any time objected to the manner in which it had been served until after…

2Cases cited1 opinion

  1. Teresta v. City of New YorkNew York Court of Appeals · 1952

3Cited by4 opinions

  1. Rower v. West Chamson Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  2. Resnick v. New York City Health & Hospitals Corp.Civil Court of the City of New York · 1994
  3. Miller v. MMT Corp.Civil Court of the City of New York · 1999
  4. Menter v. Westchester County Playland Commission, New York County Courts1964

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