Legal Opinion
Pekar v. Westchester County Playland Commission
District Court, S.D. New York
Decided January 19, 1961PublishedCited by 1 opinion
1Opinion of the Court
WEINFELD, District Judge.
It is beyond question that the plaintiff failed to file a notice of claim with the defendant1 and in other respects did not comply with the requirements of the New York State act which created the defendant as a body politic.2
Notwithstanding, the plaintiff seeks to avoid dismissal of her complaint on the ground that the activities of the defendant upon which she rests her claim were nongovernmental and consequently she was not required to file a notice of claim with the Commission. This contention was authoritatively disposed of adversely to plaintiff’s position in…
2Cases cited5 opinions
- Caldwell v. Village of Island ParkNew York Court of Appeals · 1952
- Rosenberg v. City of New YorkNew York Court of Appeals · 1955
- Willcox v. County of ErieAppellate Division of the Supreme Court of the State of New York · 1937
- Fullam v. Westchester County Playland CommissionNew York Court of Appeals · 1950
- Willcox v. County of ErieNew York Court of Appeals · 1938