Bardi v. Warren County Sheriff's Department
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
*23OPINION OF THE COURT
Crew III, J.
Plaintiff commenced this action against defendants alleging false arrest, abuse of process and trespass. Defendants are the Warren County Sheriff’s Department, its Sheriff and two Deputies. Defendants moved to dismiss the complaint for failure to file a notice of claim or, in the alternative, that their answer be deemed timely. Plaintiff cross-moved for a default judgment. Supreme Court granted the motion to dismiss the complaint and this appeal by plaintiff followed.
It is undisputed that plaintiff failed to serve a notice of claim and that, if he was required…
2Cases cited8 opinions
- Barr v. County of AlbanyNew York Court of Appeals · 1980
- Holmes v. County of ErieNew York Court of Appeals · 1944
- Holmes v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1943
- Klenk v. KentAppellate Division of the Supreme Court of the State of New York · 1984
- Better v. Town of SchodackAppellate Division of the Supreme Court of the State of New York · 1991
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3Cited by15 opinions
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- GOODWIN, ROBETTE v. PRETORIUS, M.D., RICHARDAppellate Division of the Supreme Court of the State of New York · 2013
- Adam Villar v. Timothy B. Howard, Erie County SheriffNew York Court of Appeals · 2016
- Villar v. HowardAppellate Division of the Supreme Court of the State of New York · 2015
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