Legal Opinion
Learning Annex Holdings, LLC v. Gittelman
Appellate Division of the Supreme Court of the State of New York
Decided February 5, 2008PublishedCited by 6 opinions
1Opinion of the Court
Order, Supreme Court, New York County (Joan A. Madden, J.), entered July 6, 2006, which granted defendant’s motion for summary judgment dismissing the complaint, unanimously affirmed, with costs.
Dismissal of the complaint was appropriate in this action where plaintiff seeks damages based on defendant’s admitted actions of removing every copy of plaintiffs catalogue from its magazine/catalogue distribution box located on a street corner in defendant’s neighborhood and throwing them in the garbage because, in his view, they contributed to litter in the area. The record evidence establishes that…
2Cases cited4 opinions
- Burns Jackson Miller Summit & Spitzer v. LindnerNew York Court of Appeals · 1983
- American Bank & Trust Co. v. Federal Reserve Bank of AtlantaSupreme Court of the United States · 1921
- Vigoda v. DCA Productions Plus Inc.Appellate Division of the Supreme Court of the State of New York · 2002
- Galtieri v. KramerAppellate Division of the Supreme Court of the State of New York · 1996
3Cited by6 opinions
- ZETES, JAMES P. v. STEPHENS, KELLY A.Appellate Division of the Supreme Court of the State of New York · 2013
- In Touch Concepts, Inc. v. Cellco PartnershipDistrict Court, S.D. New York · 2013
- Sidney Frank Importing Co. v. Beam Inc.District Court, S.D. New York · 2014
- Posner v. LewisAppellate Division of the Supreme Court of the State of New York · 2010
- Steiner Sports Marketing, Inc. v. WeinrebAppellate Division of the Supreme Court of the State of New York · 2011
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