Legal Opinion
Seyer v. Schoen
Appellate Division of the Supreme Court of the State of New York
Decided July 9, 1958PublishedCited by 5 opinions
1Opinion of the CourtBastow, J.
Plaintiffs, as administrators, in this action seek to recover damages resulting from the death of their intestate as the result of a collision between a motor vehicle owned and operated by the decedent and a fire truck owned by the defendant, Salina Eire District, and operated by defendant, Schoen, a duly appointed volunteer fireman of defendant, Mattydale Fire Department, Ine.
The complaint has been dismissed under rule 106 of the Rules of Civil Practice for legal insufficiency upon the ground that it fails to contain therein an allegation that a notice of claim was served. It is conceded…
2Cases cited4 opinions
- Cimo v. State of New YorkNew York Court of Appeals · 1953
- City of New York v. MaltbieNew York Court of Appeals · 1937
- Van Tassell v. HillAppellate Division of the Supreme Court of the State of New York · 1955
- Heifetz v. Rockaway Point Volunteer Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1953
3Cited by5 opinions
- Bovich v. East Meadow Public LibraryAppellate Division of the Supreme Court of the State of New York · 2005
- Maik v. Massapequa Library Board of TrusteesNew York Supreme Court · 1965
- Donnelly v. McLellanDistrict Court, D. Vermont · 1995
- Harland Enterprises, Inc. v. Commander Oil Corp.New York Supreme Court · 1981
- Steger v. FarrellNew York Supreme Court · 1962