Legal Opinion

Debes v. Monroe County Water Authority

Appellate Division of the Supreme Court of the State of New York

Decided May 18, 1962PublishedCited by 11 opinions

1Per curiam

In this action against defendant Water Author-

ity for damages resulting from a broken water main, plaintiff failed to serve a notice of claim pursuant to section 50-e of the General Municipal Law as required by section 1109 of the Public Authorities Law. Special Term denied defendant’s motion to dismiss the complaint on the ground that ‘ ‘ the dangerous condition was caused by servants or employees ” (of the defendant) and “it is not necessary to plead compliance with the statute requiring prior notice ’ ’. Piling of the notice of claim is a condition precedent to the commencement of the…

2Cases cited6 opinions

  1. Metropolitan Life Ins. Co. v. . Childs Co.New York Court of Appeals · 1921
  2. Lynn v. LynnNew York Court of Appeals · 1951
  3. Romano v. Metropolitan Life InsuranceNew York Court of Appeals · 1936
  4. Syracuse Lighting Co. v. . Maryland Casualty Co.New York Court of Appeals · 1919
  5. Chavers v. City of Mount VernonNew York Court of Appeals · 1950

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Bender v. New York City Health & Hospitals Corp.New York Court of Appeals · 1976
  2. Aqua Dredge, Inc. v. Little Harbor Sound Civic Improvement Ass'nAppellate Division of the Supreme Court of the State of New York · 1985
  3. Kartiganer Associates, P. C. v. Town of NewburghAppellate Division of the Supreme Court of the State of New York · 1977
  4. Barber-Scotia College, Inc. v. City of New YorkDistrict Court, S.D. New York · 1975
  5. Giretti v. Greenlawn Fire DepartmentAppellate Division of the Supreme Court of the State of New York · 1981

6 more not listed; retrieve them via the Exa API.

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