Legal Opinion

Prachel v. Town of Webster

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

Decided June 8, 2012PublishedCited by 5 opinions

1Opinion of the Court

Appeal from an order of the Supreme Court, Monroe County (Harold L. Galloway, J.), entered January 3, 2011. The order denied the motion of defendant for summary judgment dismissing the complaint.

It is hereby ordered that the order so appealed from is unanimously modified on the law by granting that part of the motion seeking to limit plaintiffs recoverable property damages to those accruing within the 90 days prior to service of the notice of claim and as modified the order is affirmed without costs.

Memorandum: Plaintiff commenced this action asserting causes of action for trespass, nuisance…

2Cases cited7 opinions

  1. Kossoff v. Rathgeb-Walsh, Inc.New York Court of Appeals · 1958
  2. Smith v. Town of Long LakeAppellate Division of the Supreme Court of the State of New York · 2007
  3. Cottrell v. HermonAppellate Division of the Supreme Court of the State of New York · 1991
  4. Baumler v. Town of NewsteadAppellate Division of the Supreme Court of the State of New York · 1993
  5. Hongach v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004

2 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Suffolk County Water Authority v. Dow Chemical Co.Appellate Division of the Supreme Court of the State of New York · 2014
  2. VILLAFRANK, ALEXANDRA v. DAVID N. ROSS, INC.Appellate Division of the Supreme Court of the State of New York · 2014
  3. Bono v. Town of HumphreyAppellate Division of the Supreme Court of the State of New York · 2020
  4. Hanley v. State of New YorkAppellate Division of the Supreme Court of the State of New York · 2021
  5. Whitlock v. Town of RomulusAppellate Division of the Supreme Court of the State of New York · 2023

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