Legal Opinion

Boothe v. Williams

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

Decided October 9, 1984PublishedCited by 1 opinion

1Opinion of the Court

— In an action to recover damages, inter alia, for trespass, plaintiff appeals from a judgment of the Supreme Court, Queens County (Lonschein, J.), dated September 12, 1983, which dismissed his complaint for failure to establish a prima facie case.

Judgment affirmed, without costs or disbursements.

Although plaintiff’s filing of a bankruptcy petition operated as an automatic stay of any proceedings pending against him, it appears that on April 9, 1982 when the alleged trespass occurred, he had no proprietary interest in the subject property. His month-to-month tenancy had been terminated by the…

2Cases cited1 opinion

  1. Kent v. WinnAppellate Division of the Supreme Court of the State of New York · 1968

3Cited by1 opinion

  1. Sky Four Realty Co. v. StateNew York Court of Claims · 1987

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