Legal Opinion

Murphy v. State

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

Decided December 27, 2004No. Claim No. 103472PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

S. Miller, J.

This appeal presents novel issues of law arising from the condemnation of undeveloped real property, owned in common by the members of a residential condominium, and a claim by an individual condominium unit owner who allegedly sustained damages greater than those sustained by other unit owners as a result of the taking. The primary issue to be decided is whether such a unit owner may maintain a claim for consequential damages against the condemnor, separate and apart from the claim being prosecuted by the condominium on behalf of all unit owners. For the…

2Cases cited13 opinions

  1. Schoninger v. Yardarm Beach Homeowners' Ass'nAppellate Division of the Supreme Court of the State of New York · 1987
  2. In re Town of IslipNew York Court of Appeals · 1980
  3. Susskind v. 1136 Tenants Corp.Civil Court of the City of New York · 1964
  4. Board of Managers of Fairways at North Hills Condominium v. Fairway at North HillsAppellate Division of the Supreme Court of the State of New York · 1993
  5. Matter of City of New York (Public Beach)New York Court of Appeals · 1935

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3Cited by15 opinions

  1. Caprer v. NussbaumAppellate Division of the Supreme Court of the State of New York · 2006
  2. Gould v. DecolatorAppellate Division of the Supreme Court of the State of New York · 2014
  3. 49 WB, LLC v. Village of HaverstrawAppellate Division of the Supreme Court of the State of New York · 2007
  4. In re the Acquisition of Real Property by the Village of Saranac LakeAppellate Division of the Supreme Court of the State of New York · 2009
  5. Board of Managers v. FormanAppellate Division of the Supreme Court of the State of New York · 2010

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