Legal Opinion

Adam Villar v. Timothy B. Howard, Erie County Sheriff

New York Court of Appeals

Decided October 25, 2016No. 153PublishedCited by 18 opinions

1Opinion of the Court

OPINION OF THE COURT

Stein, J.

General Municipal Law § 50-e (1) (b) provides that service of a notice of claim upon a public corporation is not a condition precedent to the commencement of an action against “an officer, appointee or employee of [the] public corporation” unless “the corporation has a statutory obligation to indemnify such person” under the General Municipal Law “or any other provision of law.” On this appeal, we are asked to determine whether Erie County had a statutory obligation within the meaning of section 50-e (1) (b) to indemnify defendant, the Erie County Sheriff, such…

2Cases cited6 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Valdez v. City of New YorkNew York Court of Appeals · 2011
  3. Sanchez v. State of NYNew York Court of Appeals · 2002
  4. Kemp v. WaldronAppellate Division of the Supreme Court of the State of New York · 1985
  5. Adams v. County of RensselaerNew York Court of Appeals · 1985

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3Cited by18 opinions

  1. Jordan v. County of ChemungDistrict Court, W.D. New York · 2017
  2. Rosa v. Triborough Bridge & Tunnel Auth.Appellate Division of the Supreme Court of the State of New York · 2023
  3. Weisbrod-Moore v. Cayuga CountyNew York Court of Appeals · 2025
  4. Ayers v. MohanAppellate Division of the Supreme Court of the State of New York · 2016
  5. A.J. v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2024

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

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