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.
‘Turturro’: Proprietary Capacity
Tragedy struck on Dec. 5, 2004 when 12-year-old Anthony Turturro was hit by a vehicle while riding his bicycle on Gerritsen Avenue in Brooklyn. Gerritsen Avenue was a four-lane road with two lanes of traffic going north and south divided by a double-yellow line. The speed limit was 30 miles per hour. A police investigation found that defendant driver Louis Pascarella was traveling at a speed of 54 miles per hour when the accident occurred. Defendant Pascarella ultimately pled guilty to criminal reckless assault. See Penal Law §§15.05(3); 120.05(4).
