Legal Opinion
Salmon v. Flacke
New York Court of Appeals
Decided February 14, 1984PublishedCited by 9 opinions
1Opinion of the Court
OPINION OF THE COURT
Orders affirmed, without costs, for reasons stated in the memoranda at the Appellate Division (91 AD2d 867, 868). We would only add that, in other circumstances, there might be proof of change in the level of operation so substantial as to be sufficient to remove an activity from the exclusion clause of ECL 8-0111 (subd 5, par [a]), notwithstanding that the basic nature of the activity remains unchanged.
Concur: Chief Judge Cooke and Judges Jasen, Jones, Wachtler, Meyer and Kaye. Taking no part: Judge Simons.
2Cases cited1 opinion
- State Division of Human Rights v. GAB Business ServicesAppellate Division of the Supreme Court of the State of New York · 1982
3Cited by9 opinions
- Atlantic Cement Co. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1987
- Martinez v. Hudson Armored Car & Courier, Inc.Appellate Division of the Supreme Court of the State of New York · 1994
- Framapac Delicatessen, Inc. v. Aetna Casualty & Surety Co.Appellate Division of the Supreme Court of the State of New York · 1998
- Briarcliff Associates Inc. v. Town of CortlandtAppellate Division of the Supreme Court of the State of New York · 1988
- Guptill Holding Corp. v. WilliamsAppellate Division of the Supreme Court of the State of New York · 1988
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