MTR. OF POWELL v. TN. OF GATES


36 A.D.2d 220 (1971)

In the Matter of Theodore W. Powell et al., Respondents, v. Town of Gates, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

April 8, 1971.


Attorney(s) appearing for the Case

Brennan, Centner, Palermo & Blauvelt (Thomas E. Goldman of counsel), for appellant.

Levitt, Bookbinder & Levine (Alan H. Levine of counsel), for respondents.

MOULE and CARDAMONE, JJ., concur with MARSH, J.; GABRIELLI, J., dissents and votes to reverse the order and deny the motion in an opinion in which DEL VECCHIO, J. P., concurs.


MARSH, J.

Petitioner Theodore W. Powell was severely injured in an accident involving a bus owned by the Gates-Chili School District at the intersection of Route 204 and Chili Avenue in the Town of Gates, January 22, 1970. April 10, 1970 a notice of claim was served by the petitioners on the Town of Gates. The notice of claim alleges:

"5. At the time and place aforesaid, the said claimant, Theodore W...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases