Legal Opinion

Holt v. County of Tioga

New York Court of Appeals

Decided June 15, 1982PublishedCited by 28 opinions

1Opinion of the Court

OPINION OF THE COURT

Jasen, J.

The issue raised by this appeal is whether a local law which makes prior written notification of a dangerous condition or defect a condition precedent to maintaining a suit against the county conflicts with the general State law which imposes liability on the county for injuries caused by unsafe or improperly maintained highways so that it must be declared unconstitutional.

Plaintiff Leona Holt brought this action against the County of Tioga to recover actual and punitivé damages for injuries she sustained in a one-vehicle accident on a county-owned highway. In her…

2Cases cited4 opinions

  1. MacMullen v. . City of MiddletownNew York Court of Appeals · 1907
  2. Fullerton v. City of SchenectadyNew York Court of Appeals · 1955
  3. Fullerton v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1955
  4. Fullerton v. City of SchenectadySupreme Court of the United States · 1956

3Cited by28 opinions

  1. Amabile v. City of BuffaloNew York Court of Appeals · 1999
  2. Smith v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2022
  3. Walker v. Town of HempsteadNew York Court of Appeals · 1994
  4. Village of Chestnut Ridge v. Town of RamapoAppellate Division of the Supreme Court of the State of New York · 2007
  5. Zigman v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1986

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