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Omni Group Farms, Inc. v. County of Cayuga

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 26, 1991
178 A.D.2d 977 (N.Y. App. Div. 1991)

Opinion

December 26, 1991

Appeal from the Supreme Court, Cayuga County, Corning, J.

Present — Callahan, J.P., Boomer, Green, Pine and Balio, JJ.


Order unanimously affirmed without costs. Memorandum: We agree with plaintiffs that an action against a municipality for a violation of civil rights under 42 U.S.C. § 1983 does not require the filing of a notice of claim (see, Felder v Casey, 487 U.S. 131). The allegations in the instant complaint, however, are too vague and conclusory to plead a cognizable claim under 42 U.S.C. § 1983 (see, Alfaro Motors v Ward, 814 F.2d 883, 887).

Plaintiffs' motion for leave to serve a late notice of claim for the causes of action for money damages was properly denied (see, General Municipal Law § 50-e). The motion was made after expiration of the applicable Statute of Limitations (see, County Law § 52; General Municipal Law § 50-i), and Supreme Court lacked the authority to permit late service of the notice (see, General Municipal Law § 50-e; Pierson v City of New York, 56 N.Y.2d 950).


Summaries of

Omni Group Farms, Inc. v. County of Cayuga

Appellate Division of the Supreme Court of New York, Fourth Department
Dec 26, 1991
178 A.D.2d 977 (N.Y. App. Div. 1991)
Case details for

Omni Group Farms, Inc. v. County of Cayuga

Case Details

Full title:OMNI GROUP FARMS, INC., et al., Appellants, v. COUNTY OF CAYUGA, Respondent

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 26, 1991

Citations

178 A.D.2d 977 (N.Y. App. Div. 1991)

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