Legal Opinion

Yagan v. Bernardi

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

Decided December 31, 1998PublishedCited by 10 opinions

1Opinion of the Court

—Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly determined that the notice of claim requirement set forth in section 8-115 (3) of the Syracuse City Charter does not apply to an action for a judgment declaring that a provision of the City’s Tax and Assessment Act is unconstitutional. Section 8-115 (3) provides that “[n]o action or special proceeding, for any cause whatever * * * shall be prosecuted or maintained against the city unless it shall appear * * * that a written verified claim upon which such action or special proceeding is founded was served on the…

2Cases cited7 opinions

  1. Mennonite Board of Missions v. AdamsSupreme Court of the United States · 1983
  2. Union Free School District No. 6 v. New York State Human Rights Appeal BoardNew York Court of Appeals · 1974
  3. McCann v. ScadutoNew York Court of Appeals · 1987
  4. Niagara Mohawk Power Corp. v. City School DistrictNew York Court of Appeals · 1983
  5. In re the Foreclosure of Tax LiensAppellate Division of the Supreme Court of the State of New York · 1984

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

3Cited by10 opinions

  1. Oneida Indian Nation v. Madison CountyCourt of Appeals for the Second Circuit · 2011
  2. Oneida Indian Nation of NY v. City of Sherrill, NYDistrict Court, N.D. New York · 2001
  3. Pratt ex rel. Petranchuk v. Indian River Cent. Sch. Dist.District Court, N.D. New York · 2011
  4. Oneida Indian Nation of New York v. Madison CountyDistrict Court, N.D. New York · 2005
  5. Sheil v. MelucciAppellate Division of the Supreme Court of the State of New York · 2012

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

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