Legal Opinion

Chenango, Inc. v. County of Chenango

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

Decided December 10, 1998PublishedCited by 7 opinions

1Opinion of the Court

Mikoll, J. P.

Appeal from an order of the Supreme Court (Ingraham, J.), entered March 23, *7941998 in Chenango County, which granted defendants’ motion for summary judgment dismissing the complaint.

The question presented is whether Supreme Court improperly dismissed plaintiffs causes of action for nuisance and negligence based upon defendants’ construction and operation of a landfill upon property adjoining that of plaintiff.

In 1983, plaintiff purchased approximately 105 wooded acres, containing a small cabin, in the Town of Pharsalia, Chenango County. The property served as an outdoor…

2Cases cited5 opinions

  1. Gilbert Frank Corp. v. Federal InsuranceNew York Court of Appeals · 1988
  2. Futerfas v. ShultisAppellate Division of the Supreme Court of the State of New York · 1994
  3. State v. Fermenta ASC Corp.Appellate Division of the Supreme Court of the State of New York · 1997
  4. Strand v. NegliaAppellate Division of the Supreme Court of the State of New York · 1996
  5. Langan v. BellingerAppellate Division of the Supreme Court of the State of New York · 1994

3Cited by7 opinions

  1. Nemeth v. K-ToolingAppellate Division of the Supreme Court of the State of New York · 2012
  2. Haire v. BonelliAppellate Division of the Supreme Court of the State of New York · 2008
  3. Murphy v. BothAppellate Division of the Supreme Court of the State of New York · 2011
  4. Halliday v. Norton Co.Appellate Division of the Supreme Court of the State of New York · 1999
  5. Vanderstowv. AckerAppellate Division of the Supreme Court of the State of New York · 2008

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