Legal Opinion
Austin Harvard LLC v. City of Canandaigua
Appellate Division of the Supreme Court of the State of New York
Decided July 8, 2016PublishedCited by 5 opinions
1Opinion of the Court
Appeal from a judgment (denominated order) of the Supreme Court, Ontario County (Craig J. Doran, A.J.), entered April 7, 2015 in a hybrid CPLR article 78 proceeding and declaratory judgment action. The judgment dismissed the petition-complaint.
It is hereby ordered that said appeal insofar as it concerns the CPLR article 78 proceeding is unanimously dismissed and the judgment is modified on the law by reinstating the second cause of action and denying plaintiff’s motion for summary judgment and as modified the judgment is affirmed without costs in accordance with the following memorandum:…
2Cases cited7 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Mitchell v. New York HospitalNew York Court of Appeals · 1984
- Cullen v. NaplesNew York Court of Appeals · 1972
- Wilson v. ColosimoAppellate Division of the Supreme Court of the State of New York · 2012
- Del Nero v. ColvinAppellate Division of the Supreme Court of the State of New York · 2013
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- MAVEN TECHNOLOGIES, LLC v. VASILE, GAYLE A.Appellate Division of the Supreme Court of the State of New York · 2017
- MAVEN TECHNOLOGIES, LLC v. VASILE, GAYLE A.Appellate Division of the Supreme Court of the State of New York · 2017
- Matter of 1640 State Rte. 104, LLC v. Town of Ontario Planning Bd.Appellate Division of the Supreme Court of the State of New York · 2022
- Matter of Derring (Hundley)Appellate Division of the Supreme Court of the State of New York · 2022
- Wilsman v. Benderson Dev. Co., LLCAppellate Division of the Supreme Court of the State of New York · 2026