Smith v. Scott
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
O’Brien, J.P.
In this matter, which clearly should have been informally resolved without the costly litigation now before this Court, the issues are whether the plaintiff must comply with the notice of claim requirements of Town Law § 67 and, if so, whether he satisfied those requirements.
I
The appeal involves a motion, inter alia, to dismiss the complaint for failure to state a cause of action under CPLR 3211 (a) (7). Accordingly, the Court must accept the allegations of the complaint as true and accord the plaintiff the benefit of every possible favorable inference (see…
2Cases cited28 opinions
- In re AhoNew York Court of Appeals · 1976
- Leon v. MartinezNew York Court of Appeals · 1994
- Riviello v. WaldronNew York Court of Appeals · 1979
- Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
- Davidson v. Bronx Municipal HospitalNew York Court of Appeals · 1984
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3Cited by25 opinions
- Houghton v. CardoneDistrict Court, W.D. New York · 2003
- Dudek v. Nassau County Sheriff's DepartmentDistrict Court, E.D. New York · 2013
- Dorce v. United Rentals North America, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- Freeland v. Erie CountyAppellate Division of the Supreme Court of the State of New York · 2014
- Macintyre v. MooreDistrict Court, W.D. New York · 2018
20 more not listed; retrieve them via the Exa API.