Legal Opinion
Grover v. Martone
New York Supreme Court
Decided January 25, 1985PublishedCited by 5 opinions
1Opinion of the Court
OPINION OF THE COURT
D. Bruce Crew, III, J.
Plaintiffs move for an order pursuant to CPLR 3211 (b) to dismiss the defendant county’s affirmative defense that no notice of claim was served as required by General Municipal Law § 50-e. The county moves to dismiss the complaint on the basis of that affirmative defense. Plaintiffs assert that no notice of claim is required pursuant to General Municipal Law § 50-e (8), arguing that the infant was a ward of the Commissioner of Social Services within the meaning of that section. Plaintiffs further assert that if the infant is within the exception of…
2Cases cited5 opinions
- Perkins v. . SmithNew York Court of Appeals · 1889
- Gibbs v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1965
- Claim of Skeels v. Paul Smith's Hotel Co.Appellate Division of the Supreme Court of the State of New York · 1921
- Egan v. MooreNew York Court of Appeals · 1964
- Egan v. MooreAppellate Division of the Supreme Court of the State of New York · 1963
3Cited by5 opinions
- Thomas v. New York CityDistrict Court, E.D. New York · 1993
- Pisani v. Travelers InsuranceMassachusetts Appeals Court · 1990
- Figueroa v. Orange CountyNew York Supreme Court · 1993
- Curtis v. Commerce InsuranceMassachusetts Superior Court · 2000
- Saldana v. Arbella Mutual InsuranceMassachusetts District Court, Appellate Division · 1999