Forero v. Town of Tuxedo
Appellate Division of the Supreme Court of the State of New York
1Opinion of the CourtCohalan, J.
At issue on this appeal is the applicability of section 139 of the Highway Law with respect to the time of commencement of suit in a wrongful death action against a county.
The chronology of events discloses that plaintiffs intestate died on October 3, 1972 as the result of an automobile accident on that day. Her death occurred on a highway maintained by the County of Orange. Limited letters of administration were issued on December 19, 1973. Service of a 90-day notice, in purported compliance with section 50-e of the General Municipal Law, was effected on February 1, 1974. Thereafter, and…
2Cases cited11 opinions
- Crapo v. . City of SyracuseNew York Court of Appeals · 1906
- Cimo v. State of New YorkNew York Court of Appeals · 1953
- Buduson v. CurtisAppellate Division of the Supreme Court of the State of New York · 1955
- Erickson v. Town of HendersonAppellate Division of the Supreme Court of the State of New York · 1968
- Joseph v. McVeighAppellate Division of the Supreme Court of the State of New York · 1955
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3Cited by6 opinions
- Gibbons v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1982
- Dawson v. LangnerAppellate Division of the Supreme Court of the State of New York · 1985
- Priebe v. City of CanandaiguaNew York Supreme Court · 1977
- Treib v. County of DutchessAppellate Division of the Supreme Court of the State of New York · 1977
- Burcroff v. County of OrleansAppellate Division of the Supreme Court of the State of New York · 1981
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