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Schneider v. Town of Orangetown

Supreme Court, Appellate Term Second Department
Jan 5, 1998
175 Misc. 2d 899 (N.Y. App. Term 1998)

Summary

stating that the "claim is clearly based on the theory of unjust enrichment[, and t]herefore, the notice of claim requirements of the General Municipal Law do not apply"

Summary of this case from Macintyre v. Moore

Opinion

January 5, 1998

Appeal from the Justice Court of the Town of Clarkstown, Rockland County (Victor J. Alfieri, Jr., J.).

James K. Riley, Town Attorney of Town of Orangetown, Orangeburg, for appellant.

William Schneider and another, respondents pro se.


MEMORANDUM.

Judgment unanimously affirmed without costs.

Plaintiffs commenced this claim to recover $3,000 in damages for the cost of replacing the sewer line leading from the main line, running under the town road, to the curb outside of their house. A review of the record on appeal does not indicate that plaintiffs claimed that defendant's negligence was the direct or proximate cause of their sewer pipe problems. In their small claims complaint they solely seek reimbursement for monies spent in replacing the pipe. Such a claim is clearly based on the theory of unjust enrichment. Therefore, the notice of claim requirements of the General Municipal Law do not apply (Watts v. Town of Gardiner, 90 A.D.2d 615).

DiPAOLA, COLLINS and INGRASSIA, JJ., concur.


Summaries of

Schneider v. Town of Orangetown

Supreme Court, Appellate Term Second Department
Jan 5, 1998
175 Misc. 2d 899 (N.Y. App. Term 1998)

stating that the "claim is clearly based on the theory of unjust enrichment[, and t]herefore, the notice of claim requirements of the General Municipal Law do not apply"

Summary of this case from Macintyre v. Moore
Case details for

Schneider v. Town of Orangetown

Case Details

Full title:WILLIAM SCHNEIDER et al., Respondents, v. TOWN OF ORANGETOWN, Appellant

Court:Supreme Court, Appellate Term Second Department

Date published: Jan 5, 1998

Citations

175 Misc. 2d 899 (N.Y. App. Term 1998)

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