Legal Opinion
Martorano v. McNair
Appellate Division of the Supreme Court of the State of New York
Decided October 31, 1994PublishedCited by 2 opinions
1Opinion of the Court
In an action to recover damages for personal injuries, etc., the defendant County of Suffolk appeals from so much of an order of the Supreme Court, Suffolk County (Werner, J.), dated April 24, 1994, as dismissed its eighth affirmative defense.
Ordered that the order is affirmed insofar as appealed from, with costs.
Contrary to the County’s contentions, the prior written notice requirement of Suffolk County Charter § C8-2 (A) is inapplicable under the circumstances presented. It has been consistently held that the prior written notice laws should be strictly construed and refer to physical…
2Cases cited5 opinions
- Alexander v. EldredNew York Court of Appeals · 1984
- Doremus v. Incorporated Village of LynbrookNew York Court of Appeals · 1966
- Hughes v. JahodaNew York Court of Appeals · 1990
- Flynn v. Town of North HempsteadAppellate Division of the Supreme Court of the State of New York · 1983
- Torres v. GalvinAppellate Division of the Supreme Court of the State of New York · 1993
3Cited by2 opinions
- Balsan v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 2005
- Carole L. Gutterman v. County of Suffolk et anno.District Court, E.D. New York · 2026