Legal Opinion
Lannon v. Town of Henrietta
Appellate Division of the Supreme Court of the State of New York
Decided April 2, 1982PublishedCited by 7 opinions
1Opinion of the Court
— Order unanimously reversed, without costs, and matter remitted to Special Term for further proceedings in accordance with the following memorandum: The application to serve a late notice of claim pursuant to section 50-e of the General Municipal Law was improperly commenced as a motion since no action was pending against the town. It was proper, however, for Special Term to treat the matter as a special proceeding (Matter of People v Homer, 57 AD2d 703). Personal jurisdiction was acquired over the town when the notice of motion and supporting papers were personally served on the Town Clerk.…
2Cases cited5 opinions
- Ziecker v. Town of Orchard ParkAppellate Division of the Supreme Court of the State of New York · 1979
- Wemett v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 1978
- Claim of Ziecker v. Town of Orchard ParkNew York Court of Appeals · 1980
- Cohen v. Pearl River Union Free School DistrictAppellate Division of the Supreme Court of the State of New York · 1981
- People v. HomerAppellate Division of the Supreme Court of the State of New York · 1977
3Cited by7 opinions
- Eso v. County of WestchesterAppellate Division of the Supreme Court of the State of New York · 1988
- Farber v. County of HamiltonAppellate Division of the Supreme Court of the State of New York · 1990
- Lipinski v. County of BroomeAppellate Division of the Supreme Court of the State of New York · 1991
- Rogers v. New York City Housing AuthorityAppellate Division of the Supreme Court of the State of New York · 1991
- Sciarabba v. StateAppellate Division of the Supreme Court of the State of New York · 1989
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