Iannucci v. Viscardi
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—In an action, inter alia, to recover damages for fraud, the defendant Town of Smithtown appeals from so much of an order of the Supreme Court, Suffolk County (Kitson, J.), dated January 9, 1997, as denied its cross motion for summary judgment dismissing the complaint insofar as asserted against it.
Ordered that the order is reversed insofar as appealed from, on the law, with costs, the cross motion is granted, the complaint is dismissed insofar as asserted against the Town of Smithtown, and the action against the remaining defendant is severed.
As a general rule, a municipality may not be held…
2Cases cited6 opinions
- Cuffy v. City of New YorkNew York Court of Appeals · 1987
- Brown v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1980
- Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
- S.C. Freidfertig Builders, Ltd. v. Robert M. Spano Plumbing & Heating, Inc.Appellate Division of the Supreme Court of the State of New York · 1991
- Tammaro v. County of SuffolkAppellate Division of the Supreme Court of the State of New York · 1996
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3Cited by6 opinions
- Otto Roth & Co. v. Gourmet Pasta, Inc.Appellate Division of the Supreme Court of the State of New York · 2000
- C.P.J. Inc. v. 234 High Seas Restaurant Corp.Appellate Division of the Supreme Court of the State of New York · 1999
- Birnbaum v. Yonkers Contracting Co.Appellate Division of the Supreme Court of the State of New York · 2000
- Greene Avenue Associates v. CardwellCivil Court of the City of New York · 2002
- Davis v. County of OnondagaAppellate Division of the Supreme Court of the State of New York · 2006
1 more not listed; retrieve them via the Exa API.