Legal Opinion
Granchelli v. Walter S. Johnson Building Co.
Appellate Division of the Supreme Court of the State of New York
Decided December 11, 1981PublishedCited by 10 opinions
1Opinion of the Court
Order unanimously reversed, on the law, without costs, and motion granted. Memorandum: One who wrongfully uses another’s land trespasses thereon and is liable to the owner for the cost of restoring the land to its condition immediately prior to the trespass and also, in an appropriate case, for damages based upon a duty of restitution for benefits received (De Camp v Bullard, 159 NY 450; Bunke v New York Tel. Co., 110 App Div 241, affd 188 NY 600). “It has been suggested that restitution cases rest on the same theory as the cases allowing plaintiff rental value of the real estate. Both…
2Cases cited3 opinions
- De Camp v. . BullardNew York Court of Appeals · 1899
- Bunke v. New York Telephone Co.Appellate Division of the Supreme Court of the State of New York · 1905
- Bunke v. . New York Telephone CompanyNew York Court of Appeals · 1907
3Cited by10 opinions
- Corsello v. Verizon New York, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
- New York State Energy Research & Development Authority v. Nuclear Fuel Services, Inc.District Court, W.D. New York · 1983
- In Re Unidigital, Inc.United States Bankruptcy Court, D. Delaware · 2001
- Augeri v. Roman Catholic DioceseAppellate Division of the Supreme Court of the State of New York · 1996
- Litwin v. Town of HuntingtonAppellate Division of the Supreme Court of the State of New York · 1998
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