Legal Opinion
Fitzgerald v. Lyons
Appellate Division of the Supreme Court of the State of New York
Decided October 26, 1972PublishedCited by 25 opinions
1Opinion of the CourtMarsh, J.
Plaintiff alleges in his complaint that he was proceeding south on the Buffalo Skyway near Fuhrmann Boulevard in Buffalo when the defendant struck the rear of his vehicle and injured him. The answer generally denies the allegations of *474the complaint and it is averred as an affirmative defense that at the time of the accident defendant was a 'City of Buffalo employee; that he was in the course of his employment with the City of Buffalo when the accident occurred, while driving an automobile owned by the City of Buffalo; and that, although plaintiff had filed a timely notice of claim with the…
2Cases cited5 opinions
- Sandak v. Tuxedo Union School District No. 3New York Court of Appeals · 1954
- Sorge v. City of New YorkNew York Supreme Court · 1968
- Hahin v. City of BuffaloNew York Supreme Court · 1964
- Van Tassell v. HillAppellate Division of the Supreme Court of the State of New York · 1955
- Barber v. Jewel Tea Co.Appellate Division of the Supreme Court of the State of New York · 1937
3Cited by25 opinions
- Messina v. MazzeoDistrict Court, E.D. New York · 1994
- Paschall v. MayoneDistrict Court, S.D. New York · 1978
- Regan v. SullivanCourt of Appeals for the Second Circuit · 1977
- Ruggiero v. PhillipsAppellate Division of the Supreme Court of the State of New York · 2002
- George v. DadeDistrict of Columbia Court of Appeals · 2001
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