· 7/7/2017
Moyer v. Roy
Citations
- 2017 NY Slip Op 5536
- 152 A.D.3d 1188
- 57 N.Y.S.3d 867
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that “[t]he Tort Claims Act’s notice requirement is a jurisdictional prerequisite, not a shield against liability”
- explaining that notice is prerequisite to subject-matter jurisdiction and question of law reviewed de novo
- stating that actual notice requires, among other things, knowledge of property damage and identity of parties involved
- stating that actual notice can often be determined as matter of law, even “when subjective awareness must be proved, if at all, by circumstantial evidence”
- stating that actual notice can often be determined as matter of law even “when subjective awareness must be proved, if at all, by circumstantial evidence”
- stating that “mere knowledge that something happened somewhere to someone or something would hardly ever” constitute actual notice
Source: CourtListener parenthetical corpus (CC0).
Judges: Centra, Peradotto, Carni, Nemoyer, Curran
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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