Legal Opinion

Ashcraft Excavating Co. v. Clark

Appellate Division of the Supreme Court of the State of New York

Decided December 4, 1980PublishedCited by 5 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court at Special Term, entered November 7, 1979 in Tioga County, which granted a motion by plaintiff to dismiss all counterclaims and denied a cross motion by defendants to dismiss the complaint. In 1976, plaintiff submitted subdivision plans to the Town Planning Board of the Town of Owego for its approval. The board held various meetings and thereafter granting final approval of the plans. Defendant Margaret Clark, individually and on behalf of a group of neighboring landowners, then instituted a proceeding pursuant to CPLR article 78 seeking to nullify…

2Cases cited14 opinions

  1. Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
  2. Board of Education v. Farmingdale Classroom Teachers Ass'nNew York Court of Appeals · 1975
  3. Williams v. WilliamsNew York Court of Appeals · 1969
  4. Evans v. MonaghanNew York Court of Appeals · 1954
  5. Belsky v. LowenthalAppellate Division of the Supreme Court of the State of New York · 1978

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3Cited by5 opinions

  1. Brugman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
  2. Rabinovici v. StateNew York Court of Claims · 1981
  3. Griffin v. Harris, Beach, Wilcox, Rubin & LeveyNew York Supreme Court · 1984
  4. Brugman v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
  5. Weichert v. WilsonAppellate Division of the Supreme Court of the State of New York · 1993

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