Copece Contracting Corp. v. County of Erie
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified, on the law, and, as modified, affirmed, without costs, in accordance with the following memorandum: We agree with Special Term that County Law § 52 does not require a filing of a notice of claim in compliance with General Municipal Law § 50-e where the claim is for breach of contract (see, Gahagan Dredging Corp. v County of Nassau, 71 MisC 2d 751; Meed v Nassau County Police Dept., 70 MisC 2d 274 [Bernard S. Meyer, J.]). It was proper, therefore, to deny defendants’ motions with respect to plaintiffs first nine causes of action. Causes of action numbers 10 through…
2Cases cited5 opinions
- Wegman v. Dairylea Cooperative, Inc.Appellate Division of the Supreme Court of the State of New York · 1975
- Charles v. Onondaga Community CollegeAppellate Division of the Supreme Court of the State of New York · 1979
- Malcuria v. Town of SenecaAppellate Division of the Supreme Court of the State of New York · 1979
- Phaler v. HicksAppellate Division of the Supreme Court of the State of New York · 1979
- Kalpin v. CunninghamAppellate Division of the Supreme Court of the State of New York · 1978
3Cited by2 opinions
- Allen v. County of NassauDistrict Court, E.D. New York · 2022
- County of Monroe v. Siemens Industry, Inc.District Court, W.D. New York · 2024