Opinion · Nylaw New York

BAUMAN v. TOWN OF IRONDEQUOIT, 282 App. Div. 916 (1953)

BETTY-JANE H. BAUMAN, as Ex’[r, x] of BERNARD E. BAUMAN, Deceased,Respondent-Appellant, v. TOWN OF IRONDEQUOIT, Appellant, & LAURELTON FIREDISTRICT OF THE TOWN OF IRONDEQUOIT, Respondent., 282 A.D. 916 (Appellate Division of the Supreme Court of New York, Fourth Department. 1953)

Type: Opinion
Court: Nylaw New York
Jurisdiction: Nylaw
Date: 1953-10-28
Topic: general

BAUMAN v. TOWN OF IRONDEQUOIT, 282 App. Div. 916 (1953) BETTY-JANE H. BAUMAN, as Executrix of BERNARD E. BAUMAN, Deceased,Respondent-Appellant, v.

Citator

UpLaw has not yet analyzed BAUMAN v. TOWN OF IRONDEQUOIT, 282 App. Div. 916 (1953). The absence of a flag is not a finding that it is good law.

BAUMAN v. TOWN OF IRONDEQUOIT,282 App. Div. 916(1953)

BETTY-JANE H. BAUMAN, as Executrix of BERNARD E. BAUMAN, Deceased,

Respondent-Appellant, v. TOWN OF IRONDEQUOIT, Appellant, and LAURELTON FIRE

DISTRICT OF THE TOWN OF IRONDEQUOIT, Respondent.

Appellate Division of the Supreme Court of New York, Fourth Department.

October 28, 1953.

Order affirmed, without costs of these appeals to any party. Memorandum: We think the decisions inBloomv.Jewish Bd. ofGuardians(286 N.Y. 349);Holmesv.County of Erie(266 App. Div. 220, affd.291 N.Y. 798), andBernardinev.City of NewYork(294 N.Y. 361) which applied the waiver of immunity in the Court of Claims Act to municipalities overrules the decision inOttmannv.Village of Rockville Centre(273 N.Y. 205) insofar as that decision might be held to bar the action against the defendant town. All concur. (In an action to recover damages for the death of plaintiff's intestate, appeal by defendant town from part of an order denying its motion to dismiss plaintiff's complaint; appeal by plaintiff from part of the same order which granted a motion by defendant fire district to dismiss the complaint as to it.)

Present — McCurn, P.J., Vaughan, Kimball, Piper and Wheeler, JJ. [204 Misc. 494.] [See283 App. Div. 767,848.]