Schneider v. Town of Orange-town

Appellate Terms of the Supreme Court of New York

Schneider v. Town of Orange-town

175 Misc. 2d 899

CourtAppellate Terms of the Supreme Court of New York

DecidedJanuary 5, 1998

StatusPublished

Cited by3 cases

This text of 175 Misc. 2d 899 (Schneider v. Town of Orange-town) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schneider v. Town of Orange-town, 175 Misc. 2d 899 (N.Y. Ct. App. 1998).

Pincite

Opinion

[900]*900OPINION OF THE COURT

Memorandum.

Judgment unanimously affirmed without costs.

Plaintiffs commenced this claim to recover $3,000 in damages for the cost of replacing the sewer line leading from the main line, running under the town road, to the curb outside of their house. A review of the record on appeal does not indicate that plaintiffs claimed that defendant’s negligence was the direct or proximate cause of their sewer pipe problems. In their small claims complaint they solely seek reimbursement for monies spent in replacing the pipe. Such a claim is clearly based on the theory of unjust enrichment. Therefore, the notice of claim requirements of the General Municipal Law do not apply (Watts v Town of Gardiner, 90 AD2d 615).

DiPaola, Collins and Ingrassia, JJ., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

[900]*900OPINION OF THE COURT

Memorandum.

Judgment unanimously affirmed without costs.

Plaintiffs commenced this claim to recover $3,000 in damages for the cost of replacing the sewer line leading from the main line, running under the town road, to the curb outside of their house. A review of the record on appeal does not indicate that plaintiffs claimed that defendant’s negligence was the direct or proximate cause of their sewer pipe problems. In their small claims complaint they solely seek reimbursement for monies spent in replacing the pipe. Such a claim is clearly based on the theory of unjust enrichment. Therefore, the notice of claim requirements of the General Municipal Law do not apply (Watts v Town of Gardiner, 90 AD2d 615).

DiPaola, Collins and Ingrassia, JJ., concur.

Cite This Page — Counsel Stack

Bluebook (online)

175 Misc. 2d 899, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schneider-v-town-of-orange-town-nyappterm-1998.

Opinion

Related

Cite This Page — Counsel Stack