Legal Opinion

Butler v. Ratner

New Rochelle City Court

Decided July 28, 1997PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

Preston S. Scher, J.

In this strongly contested small claims action, plaintiff seeks recovery of $3,000 for the following: "civil trespass to realty at [address deleted for publication] New Rochelle. Compensatory, nominal and punitive damages November 04, 1993.”

Prior to trial, both sides advised the court they wished to make motions, and the court instructed them to submit same in writing.

Accordingly, plaintiff moves for summary judgment and defendant moves to dismiss the complaint.

The motions are decided as follows:

It appears that the facts are virtually undisputed.

Plaintif…

2Cases cited7 opinions

  1. American Express Bank Ltd. v. Uniroyal, Inc.Appellate Division of the Supreme Court of the State of New York · 1990
  2. Marine Midland Bank, N. A. v. Dino & Artie's Automatic Transmission Co.Appellate Division of the Supreme Court of the State of New York · 1990
  3. Powers v. Manhattan Railway Co.New York Court of Appeals · 1890
  4. Anderson v. WROC-TVNew York Supreme Court · 1981
  5. Malerba v. WarrenNew York Supreme Court · 1981

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

3Cited by1 opinion

  1. Shiffman v. Empire Blue Cross & Blue ShieldAppellate Division of the Supreme Court of the State of New York · 1998

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