Legal Opinion
O'Brien v. City of Syracuse
New York Court of Appeals
Decided November 19, 1981PublishedCited by 849 opinions
1Opinion of the Court
OPINION OF THE COURT
Chief Judge Cooke.
A property owner who unsuccessfully asserts against a governmental entity a claim for de facto appropriation may not later bring another action for trespass in an attempt to recover damages for the same acts as those on which the first lawsuit was grounded. The order of the Appellate Division should be affirmed.
Plaintiffs owned property in an area of Syracuse subject to urban rehabilitation. In 1973, plaintiffs commenced an article 78 proceeding against the same parties as are defendants in the present litigation. In this earlier suit, plaintiffs alleged…
2Cases cited8 opinions
- Reilly v. ReidNew York Court of Appeals · 1978
- Rager v. McCloskeyNew York Court of Appeals · 1953
- Smith v. KirkpatrickNew York Court of Appeals · 1953
- Leone v. City of UticaNew York Court of Appeals · 1980
- Leone v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1979
3 more not listed; retrieve them via the Exa API.
3Cited by849 opinions
- Parker v. Blauvelt Volunteer Fire Co.New York Court of Appeals · 1999
- In Re the Estate of HunterNew York Court of Appeals · 2005
- Winifred Hardy v. New York City Health & Hospitals Corp. And Queens Hospital CenterCourt of Appeals for the Second Circuit · 1999
- Frank McKithen v. Richard Brown, District Attorney, County of Queens, New YorkCourt of Appeals for the Second Circuit · 2007
- Caselli v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1984
844 more not listed; retrieve them via the Exa API.