Legal Opinion

Holy Temple First Church of God in Christ v. City of Hudson

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

Decided April 28, 2005PublishedCited by 20 opinions

1Opinion of the CourtMugglin, J.

Appeal from an order of the Supreme Court (Hughes, J.), entered October 14, 2003 in Columbia County, which granted defendant’s motion to dismiss the complaint at the close of plaintiffs case.

In July 1998, plaintiff complained to defendant that water, contaminated with sewage, was entering the basement of its church. Despite defendant’s extensive efforts to locate the source and eradicate the problem, no final resolution occurred until following the commencement of this negligence action. At a nonjury trial, Supreme Court granted defendant’s motion for a directed verdict (see CPLR 4401) at the…

2Cases cited8 opinions

  1. De Witt Properties, Inc. v. City of New YorkNew York Court of Appeals · 1978
  2. Biernacki v. Village of RavenaAppellate Division of the Supreme Court of the State of New York · 1997
  3. Clemente v. ImpastatoAppellate Division of the Supreme Court of the State of New York · 2000
  4. Calafiore v. KileyAppellate Division of the Supreme Court of the State of New York · 2003
  5. Hongach v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004

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3Cited by20 opinions

  1. Azizi v. Village of Crotonon-HudsonAppellate Division of the Supreme Court of the State of New York · 2010
  2. Fireman's Fund Insurance v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2009
  3. Sharratt v. HickeyAppellate Division of the Supreme Court of the State of New York · 2005
  4. Gold v. Di CerboAppellate Division of the Supreme Court of the State of New York · 2007
  5. Sherry v. North Colonie Central School DistrictAppellate Division of the Supreme Court of the State of New York · 2007

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