Legal Opinion

Philip Bloom v. City of New York

New York Supreme Court

Decided June 7, 1974PublishedCited by 10 opinions

1Opinion of the CourtHarold Baer, J.

This is a motion for an order dismissing the complaint pursuant to CPLR 3211 (subd. [a], par. 7) on the grounds that the complaint fails to state a cause of action.

This is an action brought on behalf of numerous store owners whose premises were vandalized and destroyed during the civil disturbances which occurred in the spring of 1968. The motion to dismiss is predicated on the settled proposition that absent statutory authority no action of common law lies against a municipality for property damage sustained by an individual by reason of mob violence or riots (Finkelstein v. City of New *1078York,…

2Cases cited10 opinions

  1. H. R. Moch Co. v. Rensselaer Water Co.New York Court of Appeals · 1928
  2. Edgar A. Levy Leasing Co. v. SiegelSupreme Court of the United States · 1922
  3. Marks v. Nambil Realty Co., Inc.New York Court of Appeals · 1927
  4. Edgar A. Levy Leasing Company, Inc. v. . SiegelNew York Court of Appeals · 1921
  5. Edgar A. Levy Leasing Co. v. SiegelAppellate Division of the Supreme Court of the State of New York · 1920

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3Cited by10 opinions

  1. Morgan v. District of ColumbiaDistrict of Columbia Court of Appeals · 1983
  2. Zibbon v. Town of CheektowagaAppellate Division of the Supreme Court of the State of New York · 1976
  3. Kniepp v. City of ShreveportLouisiana Court of Appeal · 1992
  4. Doe v. HendricksNew Mexico Court of Appeals · 1979
  5. Allison Gas Turbine Division of General Motors Corp. v. District of ColumbiaDistrict of Columbia Court of Appeals · 1994

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