Carhart v. Village of Hamilton
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
— Appeal from an order and judgment of the Supreme Court (Tait, Jr., J.), entered April 23, 1992 in Madison County, which granted defendants’ motion for summary judgment dismissing the complaint.
Initially, we disagree with Supreme Court’s conclusion that plaintiffs’ failure to include the specific date the claim arose in the notice of claim rendered it jurisdictionally defective. Consequently, dismissal of the entire action was not warranted. "Whether a notice of claim substantially complies with the content requirements of General Municipal Law § 50-e (2) depends upon the circumstances of…
2Cases cited9 opinions
- O'Brien v. City of SyracuseNew York Court of Appeals · 1981
- Caselli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
- Levine v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1985
- Goldstein v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1980
- Mazzilli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1989
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3Cited by7 opinions
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- Greco v. Incorporated Village of FreeportAppellate Division of the Supreme Court of the State of New York · 2009
- Tompkins-Seneca-Tioga Schools Health Insurance Cooperative v. Candor Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2007
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