Legal Opinion

Spa Realty Associates v. Springs Associates

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

Decided December 24, 1998PublishedCited by 3 opinions

1Opinion of the CourtSpain, J.

Appeal from an order of the Supreme Court (Keniry, J.), entered December 24, 1997 in Saratoga County, which, inter alia, granted defendant Stephen Di Mauro’s motion for summary judgment dismissing the complaint against him.

Plaintiff commenced this action in 1988 seeking equitable and monetary relief arising out of an illegally constructed sewer system. Plaintiff alleged that defendant Springs Associates and its partners (hereinafter collectively referred to as Springs Associates) trespassed upon plaintiffs property when it constructed the sewer system. Springs Associates owned 14 acres of…

2Cases cited5 opinions

  1. Alexander & Alexander of New York, Inc. v. FritzenNew York Court of Appeals · 1986
  2. New York State Health Facilities Ass'n v. AxelrodAppellate Division of the Supreme Court of the State of New York · 1996
  3. Guglielmo v. UnanueAppellate Division of the Supreme Court of the State of New York · 1997
  4. Seaman Corp. v. Binghamton Savings BankAppellate Division of the Supreme Court of the State of New York · 1997
  5. Foresite Properties, Inc. v. HalsdorfAppellate Division of the Supreme Court of the State of New York · 1991

3Cited by3 opinions

  1. Berger v. Water CommissionersAppellate Division of the Supreme Court of the State of New York · 2002
  2. Mountain Lion Baseball, Inc. v. GaimanAppellate Division of the Supreme Court of the State of New York · 1999
  3. In re the Estate of GavrinAppellate Division of the Supreme Court of the State of New York · 2002

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