Legal Opinion
American Pen Corp. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided November 18, 1999PublishedCited by 6 opinions
1Opinion of the Court
—Order, Supreme Court, Bronx County (Gerald Esposito, J.), entered January 29, 1998, which dismissed the complaint for failure to file a notice of claim pursuant to General Municipal Law § 50-e, unanimously modified, on the law, to sever and permit the first, second and fourth equitable causes of action to stand, and otherwise affirmed, without costs.
Plaintiff alleges a continuing trespass by the accumulation of debris on property subject to an easement for the City-owned Melrose Avenue Bridge. The first, second and fourth causes of action in the complaint are equitable in nature (abatement…
2Cases cited3 opinions
- Dutcher v. Town of ShandakenAppellate Division of the Supreme Court of the State of New York · 1983
- Fontana v. Town of HempsteadNew York Court of Appeals · 1964
- Fontana v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1963
3Cited by6 opinions
- Thoma v. Town of SchodackAppellate Division of the Supreme Court of the State of New York · 2004
- Robertson v. Town of CarmelAppellate Division of the Supreme Court of the State of New York · 2000
- Palmieri v. Village of BabylonAppellate Division of the Supreme Court of the State of New York · 2006
- Andrusz v. Town of LancasterAppellate Division of the Supreme Court of the State of New York · 2001
- D'Agostino v. Town of Pound RidgeAppellate Division of the Supreme Court of the State of New York · 2007
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