Legal Opinion

Ain v. Glazer

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

Decided January 12, 1999Published

1Opinion of the Court

—Order, Supreme Court, New York County *423(David Saxe, J.), entered July 10, 1997, which, to the extent appealed from, denied defendant’s motion to dismiss the complaint pursuant to CPLR 3211 (a) (7), unanimously affirmed, with costs.

The denial of defendant’s motion to dismiss plaintiffs cause of action for trespass was proper since the complaint adequately alleged defendant’s intentional and unlawful interference with plaintiffs right to possession of certain real property and resultant damages (see, Annutto v Town of Herkimer, 56 Misc 2d 186, 190, affd in relevant part 31 AD2d 733, appeal…

2Cases cited6 opinions

  1. Howell v. New York Post Co.New York Court of Appeals · 1993
  2. Drury v. TuckerAppellate Division of the Supreme Court of the State of New York · 1994
  3. Annutto v. Town of HerkimerNew York Supreme Court · 1968
  4. Annutto v. Village of HerkimerAppellate Division of the Supreme Court of the State of New York · 1968
  5. Annutto v. Village of HerkimerNew York Court of Appeals · 1969

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