Hecht v. City of Syracuse

Full title: HERMAN HECHT, Appellant, v. CITY OF SYRACUSE, Respondent

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

Date published: Feb 4, 1994

201 A.D.2d 958 (N.Y. App. Div. 1994)

610 N.Y.S.2d 911

Opinion

February 4, 1994

Appeal from the Supreme Court, Onondaga County, Nicholson, J.

Present — Callahan, J.P., Pine, Fallon, Doerr and Davis, JJ.

Judgment unanimously affirmed without costs. Memorandum: Supreme Court properly dismissed the complaint because plaintiff failed to file a notice of claim as required by Syracuse City Charter § 8-115 (2). Compliance with that section's notice of claim requirement, "unless waived, is a condition precedent to the commencement of litigation against the City" (Davis-Wallbridge, Inc. v. City of Syracuse, 71 N.Y.2d 842, 843, rearg denied 72 N.Y.2d 841). There is no express agreement that that section is inapplicable nor is there any indication the parties have set forth detailed procedures inconsistent with the notice of claim requirement. The section therefore may not be deemed to have been waived (see, Hall-Kimbrell Envtl. Servs. v. East Ramapo Cent. School Dist., 177 A.D.2d 56, 58).