Hawkins v. County of Oneida
Cases that cite this one
4 later published cases cite this decision.
- Forero v. Town of Tuxedo (Appellate Division of the Supreme Court of New York 1976)
- Pastoriza v. State (N.Y. Ct. Cl. 1984)
- Collins v. City of New York (N.Y. 1981)
- Erickson v. Town of Henderson (Appellate Division of the Supreme Court of New York 1968)
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
An action against a county based upon a claim for damages arising out of a defective condition of a highway owing to the negligence of the county or its officers, including an action for wrongfully causing death, may be brought only under section 6 of the County Law. Plaintiff's failure to furnish the sort of notice and claim called for by that section is fatal to the institution of this action. The orders should be reversed, the complaint dismissed, and the question certified answered in the affirmative, with costs in all courts.
Lottghran, Ch. J., Desmond, Thachee and Ftjld, JJ., concur in Per Curiam opinion; Lewis, Conway and Dye, JJ., dissent on the ground that in death actions service of process in compliance with section 6 is not exclusive of the provisions of section 6-a.
Orders reversed, etc.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.