Malcuria v. Town of Seneca
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
SCHNEPP, J.
In an action for injunctive and other relief to restrain defendants from discharging water upon plaintiffs’ lands, defendant County of Ontario appeals from an order denying its motion for summary judgment. The motion to dismiss the complaint was made upon the grounds (1) that plaintiffs’ claim was barred by section 52 of the County Law for failure to file a notice of claim and to allege compliance with sections 50-e and 50-i of the General Municipal Law and (2) that no duty was imposed on the county in relation to a highway owned and controlled by the Town of…
2Cases cited9 opinions
- Thomann v. City of RochesterNew York Court of Appeals · 1931
- Boyle v. KelleyNew York Court of Appeals · 1977
- Winbush v. City of Mount VernonNew York Court of Appeals · 1954
- Meruk v. . City of New YorkNew York Court of Appeals · 1918
- Prude v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1975
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3Cited by17 opinions
- Picciano v. Nassau County Civil Service CommissionAppellate Division of the Supreme Court of the State of New York · 2001
- Baumler v. Town of NewsteadAppellate Division of the Supreme Court of the State of New York · 1993
- Mills v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1982
- Fraccola v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1980
- D'Ulisse v. Town of Oyster BayAppellate Division of the Supreme Court of the State of New York · 1981
12 more not listed; retrieve them via the Exa API.