Legal Opinion
Rampart Tennis Corp. v. City of New York
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 1995PublishedCited by 2 opinions
1Opinion of the Court
—Order, Supreme Court, New York County (Ira Grammerman, J.), entered on or about December 29, 1993, which granted defendant City of New York’s motion for summary judgment dismissing the complaints and cross claims against it, unanimously affirmed, without costs.
Upon the partial collapse of a building adjoining plaintiff’s rooftop tennis courts, City officials determined that the most appropriate way of taking down the remaining building walls, consistent with human safety, entailed use of a crane and clamshell bucket. As a consequence, bricks fell on plaintiffs’ property causing damages. It…
2Cases cited4 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Tango v. TulevechNew York Court of Appeals · 1983
- Mon v. City of New YorkNew York Court of Appeals · 1991
- McCormack v. City of New YorkNew York Court of Appeals · 1992
3Cited by2 opinions
- Japan Airlines Company, Ltd., Plaintiff-Appellee-Cross-Appellant v. Port Authority of New York and New Jersey, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Second Circuit · 1999
- Calamusa v. Town of BrookhavenAppellate Division of the Supreme Court of the State of New York · 2000