Legal Opinion

Virgem Enterprises, Inc. v. City of New York

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

Decided January 10, 2002PublishedCited by 8 opinions

1Opinion of the CourtRose, J.

Appeal from an order of the Supreme Court (Con-nor, J.), entered November 1, 2000 in Greene County, which partially denied defendant’s motion to dismiss the complaint for failure to state a cause of action.

Plaintiff is the owner of a country inn located in the Village of Tannersville, Greene County. Pursuant to a 1990 consent order settling discharge permit violations alleged by the Department of Environmental Conservation (hereinafter DEC) in defendant’s operation of its then existing Tannersville Waste-water Treatment Plant, defendant constructed a new treatment facility (hereinafter the…

2Cases cited8 opinions

  1. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  2. Rovello v. Orofino Realty Co.New York Court of Appeals · 1976
  3. Maas v. Cornell UniversityNew York Court of Appeals · 1999
  4. Cron v. Hargro Fabrics, Inc.New York Court of Appeals · 1998
  5. Biondi v. Beekman Hill House Apartment Corp.New York Court of Appeals · 2000

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3Cited by8 opinions

  1. Niagara Mohawk Power Corp. v. StateAppellate Division of the Supreme Court of the State of New York · 2002
  2. Hart v. Child's Nursing Home Co.Appellate Division of the Supreme Court of the State of New York · 2002
  3. Venditti v. Liberty Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 2004
  4. Worcester Creameries Corp. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2008
  5. Martin v. Columbia Greene Humane Society, Inc.Appellate Division of the Supreme Court of the State of New York · 2005

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