Legal Opinion
Gedney Ass'n v. State of New York Department of Mental Hygiene
New York Supreme Court
Decided January 11, 1982PublishedCited by 3 opinions
1Opinion of the Court
OPINION OF THE COURT
William A. Walsh, Jr., J.
Plaintiff moves for a preliminary injunction enjoining and restraining defendants from proceeding to construct eight additional community residential facilities for disabled persons on a 27-acre site owned by the State of New York in White Plains. Defendants move to dismiss the complaint pursuant to CPLR 3211 (subd [a], pars 3, 5, 7) on grounds that the complaint fails to state a cause of action, is in part barred by the Statute of Limitations and that plaintiff lacks capacity to sue. The motions are consolidated for dispositional purposes.
It…
2Cases cited4 opinions
- Grasmere Homeowners' Ass'n v. IntroneAppellate Division of the Supreme Court of the State of New York · 1981
- Zubli v. Community Mainstreaming Associates, Inc.New York Court of Appeals · 1980
- Maybrown v. Malverne Distributors, Inc.Appellate Division of the Supreme Court of the State of New York · 1977
- Schnur v. MehlAppellate Division of the Supreme Court of the State of New York · 1980
3Cited by3 opinions
- Chris-Mac Co. v. JohnpollCivil Court of the City of New York · 1985
- Connor v. CuomoNew York Supreme Court · 1994
- Board of Education of Sewanhaka Central High School District v. SurlesNew York Supreme Court · 1989