Coleman v. Westchester Street Transportation Co.
Cases that cite this one
22 later published cases cite this decision.
- James v. Lines (New York Supreme Court 1983)
- James v. Lines (Appellate Division of the Supreme Court of New York 1983)
- Montalto v. Westchester Street Transportation Co. (Appellate Division of the Supreme Court of New York 1984)
- United States v. New York (District Court, W.D. New York 1984)
- Smith v. Pierce (Appellate Division of the Supreme Court of New York 2020)
- Kossifos v. Katz (Appellate Division of the Supreme Court of New York 2006)
- Santiago v. Santana (Appellate Division of the Supreme Court of New York 2004)
- Lawrence v. Liberty Lines Transit, Inc. (Appellate Division of the Supreme Court of New York 2002)
- Hothan v. Metropolitan Suburban Bus Authority (Appellate Division of the Supreme Court of New York 2001)
- Pealo v. Brewerton Fire Department, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Delisca v. Liberty Lines Transit, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Kossifos v. Liberty Lines Transit, Inc. (Appellate Division of the Supreme Court of New York 2000)
- Bailey v. AGR Realty Co. (Appellate Division of the Supreme Court of New York 1999)
- Bartnicki v. Centereach Fire Department (Appellate Division of the Supreme Court of New York 1995)
- Jeshurin v. Liberty Lines Transit, Inc. (Appellate Division of the Supreme Court of New York 1993)
- Isola v. Liberty Lines Transit, Inc. (Appellate Division of the Supreme Court of New York 1993)
- Singer v. Liberty Lines (Appellate Division of the Supreme Court of New York 1992)
- Frazier v. Liberty Lines Transit, Inc. (Appellate Division of the Supreme Court of New York 1991)
- Losada v. Liberty Lines Transit, Inc. (Appellate Division of the Supreme Court of New York 1989)
- McSpedon v. Liberty Lines, Inc. (Appellate Division of the Supreme Court of New York 1985)
- Altro v. Conrail (Appellate Terms of the Supreme Court of New York 1985)
- Carrion v. County of Westchester (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
OPINION OF THE COURT
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 NYCRR 500.2 [g]), order reversed, with costs, motion to strike affirmative defense denied and question certified answered in the negative. The local law creating the transit system (Local Laws, 1969, No. 8 of Westchester County; Local Laws, 1970, No. 11 of Westchester County) imposed upon the county a statutory duty to operate it (John Hancock Mut. Life Ins. Co. v Pink, 276 NY 421; Collier Adv. Serv. v City of New York, 32 F Supp 870). The imposition of such duty created an obligation that the county indemnify defendant for any damages recovered against it (General Municipal Law, § 50-b, subd 1) and therefore a notice of claim was required (General Municipal Law, § 50-e, subd 1, par [b]).
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Fuchsberg and Meyer. Taking no part: Judge Gabrielli.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.