Legal Opinion
Wager v. Pelham Union Free School District
Appellate Division of the Supreme Court of the State of New York
Decided May 15, 2013Published
1Opinion of the Court
OPINION OF THE COURT
Dillon, J.P.
This appeal presents the novel question of whether a governmental entity may waive the benefit of a statutory venue provision in an instance where an action against the governmental entity was commenced in a proper county in the first instance.
On the afternoon of October 31, 2009, Richard Wager (hereinafter Wager) was working on the roof of the Colonial Elementary School in Pelham when a portion of the roof allegedly collapsed without warning. Wager fell two stories to the ground, suffering serious injuries. After the accident, Wager was transported to Jacobi…
2Cases cited34 opinions
- Dutchess County Department of Social Services v. DayNew York Court of Appeals · 2001
- Callanan Industries, Inc. v. Sovereign Construction Co.Appellate Division of the Supreme Court of the State of New York · 1974
- Dandomar Co. v. Town of Pleasant Valley Town BoardAppellate Division of the Supreme Court of the State of New York · 2011
- Powers v. East Hudson Parkway AuthorityAppellate Division of the Supreme Court of the State of New York · 1980
- Clark v. ClarkAppellate Division of the Supreme Court of the State of New York · 2012
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