Coleman v. Westchester Street Transportation Co.
Cases that cite this one
1 later published case cites this decision.
- Montalto v. Westchester Street Transportation Co. (Appellate Division of the Supreme Court of New York 1984)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In a negligence action to recover damages for personal injuries, etc., defendant appeals from an order of the Supreme Court, Westchester County (Burchell, J.), dated March 16, 1981, which granted plaintiffs’ motion to strike an affirmative defense. Order affirmed, with $50 costs and disbursements. Plaintiff William Coleman was injured when he was struck by a bus which was being operated by the defendant, a private corporation, pursuant to a contract with the County of Westchester. The bus had been leased to the defendant but was municipally owned. Plaintiffs subsequently commenced this personal injury action against the defendant alone. In its answer, the defendant asserted as an affirmative defense that the action could not be maintained because the plaintiffs had failed to comply with section 50-e of the General Municipal Law in that they had not filed a notice of claim. Special Term granted the plaintiffs’ motion to strike that defense, and the defendant appeals. Although the plaintiffs commenced this action against the defendant alone and not against the county, a notice of claim would nevertheless be required if the county “has a statutory obligation to indemnify” the defendant. (See General Municipal Law, § 50-e, subd 1, par [b]). By
Case-law data current through September 30, 2026. Source: CourtListener bulk data.