Legal Opinion
Lawless v. City of Buffalo
Appellate Division of the Supreme Court of the State of New York
Decided November 15, 1991PublishedCited by 4 opinions
1Opinion of the Court
Order unanimously reversed on the law without costs and motion granted. Memorandum: Supreme Court erred by denying plaintiffs motion to amend his complaint to add a cause of action pursuant to 42 USC § 1983 on the ground that plaintiff had failed to comply with the notice of claim requirements of General Municipal Law §§ 50-e and 50-i. The Supreme Court of the United States has held that notice of claim requirements do not apply to causes of action *1008brought pursuant to 42 USC § 1983 in State courts (Felder v Casey, 487 US 131; see also, Meiselman v Richardson, 743 F Supp 143; Matter of Rattner…
2Cases cited6 opinions
- Felder v. CaseySupreme Court of the United States · 1988
- Rattner v. Planning Commission of Village of PleasantvilleAppellate Division of the Supreme Court of the State of New York · 1989
- Bilhorn v. FarlowAppellate Division of the Supreme Court of the State of New York · 1977
- Luisi v. JWT Group, Inc.New York Supreme Court · 1985
- Zurat v. Town of StockportAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by4 opinions
- Pendleton v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2007
- Ward v. BennettAppellate Division of the Supreme Court of the State of New York · 1995
- Omni Group Farms, Inc. v. County of CayugaAppellate Division of the Supreme Court of the State of New York · 1993
- Farooq v. New York State Office of Mental HealthNew York Supreme Court · 2002