Legal Opinion
County of Niagara v. Town of Royalton
Appellate Division of the Supreme Court of the State of New York
Decided February 1, 2008PublishedCited by 5 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court, Niagara County (Richard C. Kloch, Sr., A.J.), entered May 31, 2007. The order denied defendant’s pre-answer motion to dismiss the complaint.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Defendant appeals from an order denying its pre-answer motion seeking dismissal of the complaint on the grounds that plaintiff, County of Niagara (County), lacks the capacity to sue and that the action is time-barred. Contrary to defendant’s contention, the County was authorized by a resolution of the County…
2Cases cited3 opinions
- Strough v. Board of Supervisors of Jefferson CountyNew York Court of Appeals · 1890
- Board of Education v. RettaliataNew York Court of Appeals · 1991
- County of Sullivan v. Town of ThompsonAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by5 opinions
- Davis v. Cornerstone Telephone Co.Appellate Division of the Supreme Court of the State of New York · 2009
- COUNTY OF ERIE v. M/A-COM, INC.Appellate Division of the Supreme Court of the State of New York · 2013
- COUNTY OF ERIE v. M/A-COM, INC.Appellate Division of the Supreme Court of the State of New York · 2013
- County of Niagara v. Town of NiagaraAppellate Division of the Supreme Court of the State of New York · 2008
- Matter of ReichAppellate Division of the Supreme Court of the State of New York · 2022