Appellate Division of the Supreme Court of New York, 1991

Omni Group Farms, Inc. v. County of Cayuga

Omni Group Farms, Inc. v. County of Cayuga
Appellate Division of the Supreme Court of New York · Decided December 26, 1991
178 A.D.2d 977
Omni Group Farms, Inc. v. County of Cayuga

Opinion of the Court

— Order unanimously affirmed without costs. Memorandum: We agree with plaintiffs that an action against a municipality for a violation of civil rights under 42 USC § 1983 does not require the filing of a notice of claim (see, Felder v Casey, 487 US 131). The allegations in the instant complaint, however, are too vague and conclusory to plead a cognizable claim under 42 USC § 1983 (see, Alfaro Motors v Ward, 814 F2d 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 [5]). The motion was made after expiration of the applicable Statute of Limitations (see, County Law § 52 [1]; General Municipal Law § 50-i), and Supreme Court lacked the authority to permit late service of the notice (see, General Municipal Law § 50-e [5]; Pierson v City of New York, 56 NY2d 950). (Appeal from Order of Supreme Court, Cayuga County, Corning, J. — Late Notice of Claim.) Present — Callahan, J. P., Boomer, Green, Pine and Balio, JJ.

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