Legal Opinion

Smith v. Rensselaer County

Appellate Division of the Supreme Court of the State of New York

Decided June 10, 1976PublishedCited by 12 opinions

1Opinion of the CourtMahoney, J.

Employees of Rensselaer County, on two occasions, entered upon Smith’s lands without his permission and consent and cut down trees. Smith timely served a notice of claim against the county for each occurrence (General Municipal Law, § 50-e) and within one year and 90 days of the second alleged trespass (General Municipal Law, § 50-i) commenced an action in the Federal District Court against the named defendants. Thereafter, and beyond the time to timely commence suit pursuant to section 50-i of the General Municipal Law, the Federal court dismissed the complaint for want of jurisdiction and…

2Cases cited6 opinions

  1. Cimo v. State of New YorkNew York Court of Appeals · 1953
  2. Claim of Hurd v. County of AlleganyAppellate Division of the Supreme Court of the State of New York · 1972
  3. Zeitler v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 1969
  4. La Fave v. Town of FranklinAppellate Division of the Supreme Court of the State of New York · 1964
  5. Abbatemarco v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1966

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Triangle Underwriters, Inc. v. Honeywell, Inc. And Honeywell Information Systems, Inc.Court of Appeals for the Second Circuit · 1979
  2. Maidman v. O'BRIENDistrict Court, S.D. New York · 1979
  3. Clough v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1977
  4. Glamm v. City of AmsterdamAppellate Division of the Supreme Court of the State of New York · 1979
  5. Denehy v. St. John's Queens HospitalAppellate Division of the Supreme Court of the State of New York · 1985

7 more not listed; retrieve them via the Exa API.

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