Schoenberg v. Club Transportation Corp.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Westchester County (Gurahian, J.), entered April 18,1984, which granted the defendants’ motion to dismiss the action for failure to serve a notice of claim pursuant to section 50-e of the General Municipal Law.
Order reversed, with costs, and motion denied.
Since the bus involved in the accident was owned by the defendant Club Transportation Corp., a private corporation, service of a notice of claim was not required, despite the fact that it was being operated pursuant…
2Cases cited1 opinion
- Montalto v. Westchester Street Transportation Co.Appellate Division of the Supreme Court of the State of New York · 1984