Legal Opinion

McDaniel v. City of Buffalo

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

Decided February 1, 2002PublishedCited by 10 opinions

1Opinion of the Court

—Appeal from an order of Supreme Court, Erie County (Glownia, J.), entered March 20, 2001, which, inter alia, denied defendants’ motion seeking dismissal of the complaint.

It is hereby ordered that the order so appealed from be and the same hereby is unanimously reversed on the law without costs, the motion is granted and the complaint is dismissed.

Memorandum: Supreme Court erred in denying defendants’ motion seeking dismissal of the complaint based on plaintiffs repeated failure to appear at the hearings scheduled pursuant to General Municipal Law § 50-h (1). It is well settled that a…

2Cases cited3 opinions

  1. Arcila v. Incorporated Village of FreeportAppellate Division of the Supreme Court of the State of New York · 1996
  2. Patterson v. FordAppellate Division of the Supreme Court of the State of New York · 1998
  3. Secor v. Town of OrangetownAppellate Division of the Supreme Court of the State of New York · 1998

3Cited by10 opinions

  1. Gravius v. County of ErieAppellate Division of the Supreme Court of the State of New York · 2011
  2. Fang v. Town of AmherstAppellate Division of the Supreme Court of the State of New York · 2023
  3. First Church in Albany of Reformed Church in America v. StateNew York Court of Claims · 2002
  4. Antoine Gee v. The City of New York and John Doe 1-5District Court, S.D. New York · 2026
  5. GRAVIUS, DEBORAH I. v. COUNTY OF ERIEAppellate Division of the Supreme Court of the State of New York · 2011

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