Legal Opinion

Hoffman v. Town of Shandaken

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

Decided February 23, 2017No. 523267PublishedCited by 3 opinions

1Opinion of the CourtRose, J.

Appeal from an order of the Supreme Court (Gilpat-ric, J.), entered March 4, 2016 in Ulster County, which granted defendants’ motion for summary judgment dismissing the complaint.

Plaintiffs installed a privacy fence near the edge of the paved portion of Fox Hollow Road, which runs along the front of their real property in the Town of Shandaken, Ulster County. When, two years in a row, a snow plow operated by defendant Town of Shandaken allegedly damaged part of their fence, plaintiffs commenced this action. They asserted two causes of action, each alleging trespass and negligence related to…

2Cases cited7 opinions

  1. Thompson v. Orange & Rockland Electric Co.New York Court of Appeals · 1930
  2. Schillawski v. State of New YorkNew York Court of Appeals · 1961
  3. Ferguson v. Producers Gas Co.Appellate Division of the Supreme Court of the State of New York · 1955
  4. Danial v. Town of DelhiAppellate Division of the Supreme Court of the State of New York · 1992
  5. Dutcher v. Town of ShandakenAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by3 opinions

  1. Federman v. Town of LorraineAppellate Division of the Supreme Court of the State of New York · 2023
  2. Matter of Delgrosso v. ColeAppellate Division of the Supreme Court of the State of New York · 2026
  3. Pfirman v. Village of New PaltzAppellate Division of the Supreme Court of the State of New York · 2024

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