Kaminer v. Dan's Supreme Supermarket/Key Food
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Order, Supreme Court, Bronx County (Douglas McKeon, J.), entered on or about June 30, 1997, which, inter alia, denied defendant-appellant’s motion for summary judgment, unanimously reversed, on the law, without costs, defendant’s motion granted, and the complaint dismissed as against Dan’s Supreme Supermarket/Key Food. The Clerk is directed to enter judgment in favor of defendant-appellant dismissing the complaint as against it.
The motion court erred in applying the theory of “special use” to these circumstances and in finding an issue as to whether defendant’s use of the site of plaintiff’s…
2Cases cited6 opinions
- D'Ambrosio v. City of New YorkNew York Court of Appeals · 1982
- Balsam v. Delma Engineering Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Balsam v. Delma Engineering Corp.New York Court of Appeals · 1988
- Montalvo v. Western Estates, Ltd.Appellate Division of the Supreme Court of the State of New York · 1998
- Tambaro v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1988
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- Rodriguez v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
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