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Legal Opinion

County of Broome v. Binghamton Taxicab Co.

New York Supreme Court

Decided December 26, 1947PublishedCited by 6 opinions

1Opinion of the CourtDeyo, J.

This is an action wherein the county seeks to recover damages against the owner and operator of a taxicab which collided with the county ambulance. Both the owner and the operator have interposed counterclaims. The operator failed to file a notice of claim in accordance with section 50-e of the General Municipal Law. Such notice is a necessary prerequisite. (General Municipal Law §§ 50-b, 50-c, 50-e.) The fact that the claim is asserted by way of counterclaim rather than by independent action is immaterial. (Bank of United States v. Frost, 142 Misc. 589; City of New York v. Seidman, 138 Misc.…

2Cases cited6 opinions

  1. Thomann v. City of RochesterNew York Court of Appeals · 1931
  2. Caulfield v. Elmhurst Contracting Co.Appellate Division of the Supreme Court of the State of New York · 1945
  3. Caulfield v. Elmhurst Contracting Co.New York Court of Appeals · 1945
  4. Jackson v. City of New YorkNew York Supreme Court · 1943
  5. Bank of United States v. FrostCity of New York Municipal Court · 1932

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3Cited by6 opinions

  1. Insurance Co. of Puerto Rico v. Ruiz MoralesSupreme Court of Puerto Rico · 1968
  2. Board of Education v. SouthernNew York Supreme Court · 1978
  3. In re Complaint of Northern Transatlantic Carriers Corp.District Court, D. Puerto Rico · 1969
  4. Insurance Co. of Puerto Rico v. Ruiz MoralesSupreme Court of Puerto Rico · 1968
  5. Insurance Co. of Puerto Rico v. Ruiz MoralesSupreme Court of Puerto Rico · 1968

1 more not listed; retrieve them via the Exa API.

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