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· 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 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.