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· 3/11/2014

McIntosh v. Department of Education

Citations

  • 115 A.D.3d 464
  • 981 N.Y.S.2d 531

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that whether governmental unit has actual notice is question of law when evidence is undisputed
  • noting that knowledge death, injury, or property damage has occurred is not alone sufficient for actual notice
  • stating that, to have actual notice, governmental unit must have same knowledge it is entitled to receive in formal notice of claim
  • noting if governmental unit investigates accident, whether information acquired imparted actual notice depends on particular facts of case
  • finding no actual notice even though report identified police conduct as factor contributing to accident
  • “Adhering to precedent fosters efficiency, fairness, and legitimacy. More practically it results in predictability in the law, which allows people to rationally order their conduct and affairs.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Andrias, Friedman, Gonzalez, Saxe, Tom

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.