Legal Opinion
Duren v. City of Binghamton
Appellate Division of the Supreme Court of the State of New York
Decided March 6, 1940PublishedCited by 5 opinions
1Opinion of the CourtHill, P. J.
The duty of a municipality to care for its poor and indigent arises from statutory enactments, as there is no common-law requirement. (People ex rel. Town of Blenheim v. Supervisors of Schoharie County, 121 N. Y. 345.) There is no immunity under the doctrine of governmental functions unless the negligence arises in connection with the discharge of a governmental function directed and required by a statute of the State of New York. (O’Brien v. Town of Greenburgh, 239 App. Div. 555; Gillen v. Home Owners’ Loan Corporation, 255 id. 631; affd., 280 N. Y. 755.)
The wages were paid by the United…
2Cases cited6 opinions
- Workman v. New York CitySupreme Court of the United States · 1900
- Augustine v. Town of BrantNew York Court of Appeals · 1928
- O'Brien v. Town of GreenburghAppellate Division of the Supreme Court of the State of New York · 1933
- People Ex Rel. Town of Blenheim v. Board of Supervisors of County of SohoharieNew York Court of Appeals · 1890
- Liebowitz v. GoldwaterNew York Supreme Court · 1936
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Miller v. State of New YorkNew York Court of Appeals · 1984
- In re the Accounting of FallettaNew York Surrogate's Court · 1960
- In re DibbleAppellate Division of the Supreme Court of the State of New York · 1941
- Jacobson v. New York Racing Ass'nAppellate Division of the Supreme Court of the State of New York · 1973
- Miller v. State of New YorkNew York Court of Appeals · 1984