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Proprietary Capacity and Substantial Prejudice in Municipal Liability Cases

, New York Law Journal

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Kenneth E. Pitcoff and Andrea M. Alonso write: On Dec. 22, the Court of Appeals decided two significant cases in the area of Municipal Law, further defining when a municipality is acting in its "proprietary capacity" and clarifying the burden of proof in determining "substantial prejudice" to a public corporation in a late notice of claim petition.

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