Search for: "Margerum v City of Buffalo"
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29 Apr 2021, 4:00 am
Plaintiffs' argument relying on Margerum v City of Buffalo, 24 NY3d 721, and its progeny, was "raised improperly for the first time in [Plaintiffs'] reply brief on appeal;" 2. [read post]
29 Apr 2021, 4:00 am
Plaintiffs' argument relying on Margerum v City of Buffalo, 24 NY3d 721, and its progeny, was "raised improperly for the first time in [Plaintiffs'] reply brief on appeal;" 2. [read post]
10 Mar 2015, 7:50 am
The State Court of Appeals says that is not necessary.The case is Margerum v. [read post]
22 Nov 2022, 5:00 am
Citing Seifullah v City of New York, 161 AD3d 1206, the Appellate Division said contrary to the Plaintiff's contention, the filing of a notice of claim was a condition precedent to the maintenance of his action and Plaintiff's reliance upon Margerum v City of Buffalo (24 NY3d 721) was misplaced. * See Executive Law §296. [read post]
22 Nov 2022, 6:00 am
Citing Seifullah v City of New York, 161 AD3d 1206, the Appellate Division said contrary to the Plaintiff's contention, the filing of a notice of claim was a condition precedent to the maintenance of his action and Plaintiff's reliance upon Margerum v City of Buffalo (24 NY3d 721) was misplaced. * See Executive Law §296. [read post]
22 Nov 2022, 6:00 am
Citing Seifullah v City of New York, 161 AD3d 1206, the Appellate Division said contrary to the Plaintiff's contention, the filing of a notice of claim was a condition precedent to the maintenance of his action and Plaintiff's reliance upon Margerum v City of Buffalo (24 NY3d 721) was misplaced. * See Executive Law §296. [read post]
22 Nov 2022, 5:00 am
Citing Seifullah v City of New York, 161 AD3d 1206, the Appellate Division said contrary to the Plaintiff's contention, the filing of a notice of claim was a condition precedent to the maintenance of his action and Plaintiff's reliance upon Margerum v City of Buffalo (24 NY3d 721) was misplaced. * See Executive Law §296. [read post]
15 Aug 2016, 4:00 am
”However, in Carter v Syracuse City School District, a summary order by the United States Circuit Court of Appeals, 2nd Circuit, Docket 15-2395, dated August 8, 2016, noted that a decision by New York State’s Court of Appeals, Margerum v City of Buffalo, 24 NY3d 721, addressed one of the critical issues in Carter: was a notice of claim a condition precedent to filing a human rights action against a municipality? [read post]
10 Jul 2013, 4:40 am
Intentional discrimination by an employer to avoid or remedy unintentional disparate impact in employment must be based on strong evidence to believe disparate-impact liability will result if it fails to do so Margerum v City of Buffalo, 2013 NY Slip Op 05104, Appellate Division, Fourth Department Firefighters employed by City of Buffalo Department of Fire sued the City contending that it had discriminated against them (Fire… [read post]
28 Jul 2016, 4:00 am
Subsequently, in Margerum v City of Buffalo (24 NY3d 721 , the Court of Appeals held that the notice of claim requirements of General Municipal Law §§50-e and 50-i did not apply to the firefighters' disparate treatment racial discrimination claim under the New York State Human Rights Law. [read post]
20 Feb 2015, 6:31 am
However, because the firefighters were not required to file a notice of claim before filing their Human Rights Law claim, the denial of the city’s motion to dismiss on that basis was proper (Margerum v. [read post]
10 May 2017, 5:30 am
" Citing Orens v Novello, 99 NY2d 180, the Court of Appeals stated that "[t]his Court should be very cautious in interpreting statutes based on what it views as a better choice of words when confronted with an explicit choice made by the Legislature," noting its agreement with the Appellate Division that "we may 'not legislate under the guise of interpretation and, if application of the EAJA to this action is an unintended result of the plain language of the… [read post]
