Legal Opinion
Shartrand v. Town of Glenville
New York Supreme Court
Decided January 29, 1983PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
William L. Ford, J.
This is a motion by the defendant to dismiss the complaint pursuant to CPLR 3211 upon the grounds that: (1) the summons and complaint are untimely served; (2) a prior order dated July 21, 1982 dismissing a prior complaint on the merits is binding and controlling; (3) the complaint fails to allege that proper and timely notice of claim was filed; (4) the complaint fails to allege compliance with a section of the Town Law requiring written notice of a defective culvert; (5) the claimed defect is “not under the jurisdiction of the defendant.”
The plaintiffs…
2Cases cited8 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Reilly v. ReidNew York Court of Appeals · 1978
- Smith v. Russell Sage CollegeNew York Court of Appeals · 1981
- Spindell v. Brooklyn Jewish HospitalNew York Court of Appeals · 1972
- Cohen v. Board of EducationAppellate Division of the Supreme Court of the State of New York · 1981
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Evelyn Deloris Bray v. New York Life InsuranceCourt of Appeals for the Second Circuit · 1988
- Newman v. KrintzmanCourt of Appeals for the First Circuit · 2013
- Cepeda v. CoughlinDistrict Court, S.D. New York · 1992