Opinion
Decided September 9, 1982
Appeal from the Appellate Division of the Supreme Court in the Second Judicial Department, GEORGE D. BURCHELL, J.
Vincent P. Nesci for appellant.
Edward B. Willing for respondents.
On review of submissions pursuant to rule 500.2 (b) of the Rules of the Court of Appeals (22 N.Y.CRR 500.2 [g]), order reversed, with costs, motion to strike affirmative defense denied and question certified answered in the negative. The local law creating the transit system (Local Laws, 1969, No. 8 of Westchester County; Local Laws, 1970, No. 11 of Westchester County) imposed upon the county a statutory duty to operate it ( John Hancock Mut. Life Ins. Co. v Pink, 276 N.Y. 421; Collier Adv. Serv. v City of New York, 32 F. Supp. 870). The imposition of such duty created an obligation that the county indemnify defendant for any damages recovered against it (General Municipal Law, § 50-b, subd 1) and therefore a notice of claim was required (General Municipal Law, § 50-e, subd 1, par [b]).
Concur: Chief Judge COOKE and Judges JASEN, JONES, WACHTLER, FUCHSBERG and MEYER. Taking no part: Judge GABRIELLI.