Schoenberg v. Club Transportation Corp.

Appellate Division of the Supreme Court of New York

Schoenberg v. Club Transportation Corp.

107 A.D.2d 745, 484 N.Y.S.2d 602, 1985 N.Y. App. Div. LEXIS 42652

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 22, 1985

StatusPublished

This text of 107 A.D.2d 745 (Schoenberg v. Club Transportation Corp.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Schoenberg v. Club Transportation Corp., 107 A.D.2d 745, 484 N.Y.S.2d 602, 1985 N.Y. App. Div. LEXIS 42652 (N.Y. Ct. App. 1985).

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Opinion

— In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Westchester County (Gurahian, J.), entered April 18,1984, which granted the defendants’ motion to dismiss the action for failure to serve a notice of claim pursuant to section 50-e of the General Municipal Law.

Order reversed, with costs, and motion denied.

Since the bus involved in the accident was owned by the defendant Club Transportation Corp., a private corporation, service of a notice of claim was not required, despite the fact that it was being operated pursuant to contract with a municipality (see Montalto v Westchester St. Transp. Co., 102 AD2d 816). Lazer, J. P., Thompson, Weinstein and Fiber, JJ., concur.

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— In a negligence action to recover damages for personal injuries, etc., plaintiffs appeal from an order of the Supreme Court, Westchester County (Gurahian, J.), entered April 18,1984, which granted the defendants’ motion to dismiss the action for failure to serve a notice of claim pursuant to section 50-e of the General Municipal Law.

Order reversed, with costs, and motion denied.

Since the bus involved in the accident was owned by the defendant Club Transportation Corp., a private corporation, service of a notice of claim was not required, despite the fact that it was being operated pursuant to contract with a municipality (see Montalto v Westchester St. Transp. Co., 102 AD2d 816). Lazer, J. P., Thompson, Weinstein and Fiber, JJ., concur.

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Bluebook (online)

107 A.D.2d 745, 484 N.Y.S.2d 602, 1985 N.Y. App. Div. LEXIS 42652, Counsel Stack Legal Research, https://law.counselstack.com/opinion/schoenberg-v-club-transportation-corp-nyappdiv-1985.

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