February 2, 2012

Notice of claim.

Practice point: A plaintiff not asserting a tort claim against the municipality is not required to file a notice.

Student note: General Municipal Law Section 50-e(1)(a) provides that a notice is required "in any case founded upon tort."

Case: Johnson v. City of Peekskill, NY Slip Op 00491 (2d Dept. 2012).


Tomorrow’s issue: Summary judgment on a contract.