Zablow v. DiSavino
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
In an action, inter alia, to recover damages for injury to real property pursuant to RPAPL 861, the plaintiff appeals from an order of the Supreme Court, Westchester County (Lefkowitz, J.), dated June 29, 2004, which sua sponte directed dismissal of the first cause of action pursuant to RPAPL 861.
Ordered that on the Court’s own motion, the notice of appeal is treated as an application for leave to appeal, and leave to appeal is granted (see CPLR 5701 [c]); and it is further,
Ordered that the order is reversed, on the law, with one bill of costs, the first cause of action pursuant to RPAPL 861…
2Cases cited9 opinions
- Property Owners Ass'n of Harbor Acres, Inc. v. YingAppellate Division of the Supreme Court of the State of New York · 1988
- Axtell v. KureyAppellate Division of the Supreme Court of the State of New York · 1995
- Delaney v. Town of OrangetownAppellate Division of the Supreme Court of the State of New York · 1974
- Arnott v. FranzinoAppellate Division of the Supreme Court of the State of New York · 2003
- Fanek v. City of YonkersAppellate Division of the Supreme Court of the State of New York · 2001
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3Cited by10 opinions
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- Spano v. KlineAppellate Division of the Supreme Court of the State of New York · 2008
- Staskiv v. ShlayanAppellate Division of the Supreme Court of the State of New York · 2015
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