Kenneth E. Pitcoff and Andrea M. Alonso ()
On Dec. 22, 2016, the Court of Appeals decided two significant cases in the area of Municipal Law. In Turturro v. City of New York, 28 N.Y.3d 469, 482 (2016), a divided court further defined when a municipality is acting in its “proprietary capacity.” In the case of Newcomb v. Middle County Central School District, 28 N.Y.3d 455 (2016), the court clarified the burden of proof in determining “substantial prejudice” to a public corporation in a late notice of claim petition. Both cases will have an enormous impact in the litigation of cases involving public corporations.
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