FERRIS v. COUNTY OF SUFFOLK


174 A.D.2d 70 (1992)

Erna Ferris, Respondent, v. County of Suffolk, Defendant, and Town of Brookhaven, Appellant

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

January 15, 1992


Attorney(s) appearing for the Case

Curtis, Zaklukiewicz, Vasile, Devine & McElhenny (Michael G. Mehary of counsel), for appellant.

Lupow & Bezack (Stephen Lupow on the brief), for respondent.

KUNZEMAN, J. P., HARWOOD and EIBER, JJ., concur.


BALLETTA, J.

There is no uniformity in notice laws involving actions against municipalities. There are separate and different notice requirements in the County Law, Town Law, city charters, and various local laws. Municipal tort liability and the applicability of prior written notice statutes is a recurring issue, and this case presents a scenario which requires clarification of existing case law.

The...

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