Legal Opinion
Roth v. Great Atlantic & Pacific Tea Co.
District Court, E.D. New York
Decided November 26, 1952No. Civ. 11561PublishedCited by 2 opinions
1Opinion of the Court
GALSTON, District Judge.
This is an action brought by the owners of abutting houses and lots to recover damages for alleged negligent flooding of their premises, and for an injunction to restrain the defendant from maintaining the conditions which are alleged to 'have created the flooding.
According to the allegations of the complaint, the plaintiffs are owners of property located on 80th Street, near Caldwell Avenue, in Elmhurst, Borough of Queens, City of New York. The defendant, The Great Atlantic and Pacific Tea Co., Inc. (referred to hereinafter as the A & P), some time in 1950, it is…
2Cases cited5 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Barkley v. . WilcoxNew York Court of Appeals · 1881
- Ryan v. Feeney & Sheehan Building Co.New York Court of Appeals · 1924
- Bennett v. CupinaNew York Court of Appeals · 1930
- Town of Hamburg v. GervasiAppellate Division of the Supreme Court of the State of New York · 1945
3Cited by2 opinions
- Melillo v. United StatesDistrict Court, E.D. New York · 1965
- Barnthouse v. California Steel Buildings Co.California Court of Appeal · 1963