Legal Opinion

Schwinghammer v. Sullivan West Central School District

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

Decided December 18, 2003PublishedCited by 8 opinions

1Opinion of the CourtCardona, P.J.

Appeal from an order of the Supreme Court (Clemente, J.), entered December 20, 2002 in Sullivan County, which granted plaintiff permission to file a late notice of claim nunc pro tunc.

Flaintiff is the owner of real property in the Town of Freemont, Sullivan County, located adjacent to property owned by defendant Sullivan West Central School District. In the summer of 2001, he noticed a broken sewer pipe on the District’s property discharging raw sewage into a creek that ran across his property. On April 5, 2002, plaintiff filed a notice of claim against the District alleging property damage…

2Cases cited4 opinions

  1. Pierson v. City of New YorkNew York Court of Appeals · 1982
  2. Jensen v. General Electric Co.New York Court of Appeals · 1993
  3. Perry v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1997
  4. Serkil, L. L. C. v. City of TroyAppellate Division of the Supreme Court of the State of New York · 1999

3Cited by8 opinions

  1. Santiago v. Newburgh Enlarged City School DistrictDistrict Court, S.D. New York · 2006
  2. Suffolk County Water Authority v. Dow Chemical Co.Appellate Division of the Supreme Court of the State of New York · 2014
  3. Eberhard v. Elmira City School DistrictAppellate Division of the Supreme Court of the State of New York · 2004
  4. Porcaro v. Town of BeekmanAppellate Division of the Supreme Court of the State of New York · 2005
  5. Hallett v. City of IthacaAppellate Division of the Supreme Court of the State of New York · 2004

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