Legal Opinion
Bowers v. Hurley
Appellate Division of the Supreme Court of the State of New York
Decided December 3, 2015No. 519635PublishedCited by 2 opinions
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (O’Shea, J.), entered March 12, 2014 in Chemung County, which denied motions by defendants Daniel Hurley, Hurley Farms, Inc. and Narde Paving Company, Inc. for summary judgment dismissing the complaint against them.
Plaintiff and defendant Daniel Hurley entered into a five-year lease agreement granting plaintiff the exclusive right to take topsoil and gravel from a 14-acre parcel owned by Hurley, and plaintiff obtained a permit to mine the parcel from defendant Department of Environmental Conservation (hereinafter DEC). * In May 2008, plaintiff, Hurley…
2Cases cited8 opinions
- Burns v. . McCormickNew York Court of Appeals · 1922
- Anostario v. VicinanzoNew York Court of Appeals · 1983
- Messner Vetere Berger McNamee Schmetterer Euro RSCG Inc. v. Aegis Group PlcNew York Court of Appeals · 1999
- Luft v. LuftAppellate Division of the Supreme Court of the State of New York · 2008
- Panetta v. KellyAppellate Division of the Supreme Court of the State of New York · 2005
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3Cited by2 opinions
- Wells v. HodgkinsAppellate Division of the Supreme Court of the State of New York · 2017
- R. Kelly Freedman Holding Group, LLC v. P & M Brick, LLCAppellate Division of the Supreme Court of the State of New York · 2025