Legal Opinion
Omni Group Farms, Inc. v. County of Cayuga
Appellate Division of the Supreme Court of the State of New York
Decided December 26, 1991PublishedCited by 4 opinions
1Opinion of the Court
— Order unanimously affirmed without costs. Memorandum: We agree with plaintiffs that an action against a municipality for a violation of civil rights under 42 USC § 1983 does not require the filing of a notice of claim (see, Felder v Casey, 487 US 131). The allegations in the instant complaint, however, are too vague and conclusory to plead a cognizable claim under 42 USC § 1983 (see, Alfaro Motors v Ward, 814 F2d 883, 887).
Plaintiffs’ motion for leave to serve a late notice of claim for the causes of action for money damages was properly denied (see, General Municipal Law § 50-e [5]). The…
2Cases cited2 opinions
- Felder v. CaseySupreme Court of the United States · 1988
- Pierson v. City of New YorkNew York Court of Appeals · 1982
3Cited by4 opinions
- Peek v. Williamsville Board of EducationAppellate Division of the Supreme Court of the State of New York · 1995
- Harris v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2017
- Jalloh v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 1998
- Fuller v. City of BuffaloAppellate Division of the Supreme Court of the State of New York · 1994