Legal Opinion

New Holland Village Condominium v. DeStaso Enterprises Ltd.

District Court, S.D. New York

Decided April 18, 2001No. 00 CIV. 9431(CM)PublishedCited by 9 opinions

1Opinion of the Court

MEMORANDUM DECISION AND ORDER DISMISSING COMPLAINT

McMAHON, District Judge.

On September 16, 1999, Hurricane Floyd hit the New York Metropolitan area with considerable force, causing significant damage and property loss. Among the storm’s casualties was the Hyenga Dam, located in the Town of Clarkstown in Rockland County. The dam burst, carrying a wall of water — estimated at some 3 million gallons — down County Route 59, under the New York State Thruway, and into a condominium development known as New Holland Village, where it wreaked havoc on the residents and destroyed their property. So…

2Cases cited25 opinions

  1. Johnson v. ZerbstSupreme Court of the United States · 1938
  2. Pennhurst State School and Hospital v. HaldermanSupreme Court of the United States · 1984
  3. Edelman v. JordanSupreme Court of the United States · 1974
  4. DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989
  5. Williamson County Regional Planning Commission v. Hamilton Bank of Johnson CitySupreme Court of the United States · 1985

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3Cited by9 opinions

  1. Rankel v. Town of SomersDistrict Court, S.D. New York · 2014
  2. Country View Estates @ Ridge LLC v. Town of BrookhavenDistrict Court, E.D. New York · 2006
  3. Allocco Recycling, Ltd. v. DohertyDistrict Court, S.D. New York · 2005
  4. National Fuel Gas Supply Corp. v. Town of WalesDistrict Court, W.D. New York · 2012
  5. Komondy v. GiocoDistrict Court, D. Connecticut · 2014

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