Legal Opinion

115 Austin Ave, LLC v. City of Yonkers

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

Decided February 20, 2007PublishedCited by 4 opinions

1Opinion of the Court

In an action, inter alia, to recover damages for an alleged taking of real property, the plaintiff appeals from an order of the Supreme Court, Westchester County (Jamieson, J.), dated March 29, 2006, which granted that branch of the defendant’s motion which was for summary judgment dismissing the complaint on the ground that it was barred by the statute of limitations.

Ordered that the order is affirmed, with costs.

The defendant made a prima facie showing of entitlement to judgment as a matter of law, and the plaintiff failed to raise a triable issue of fact (see Alvarez v Prospect Hosp., 68…

2Cases cited3 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Warwick v. CruzAppellate Division of the Supreme Court of the State of New York · 2000
  3. Brodeur v. HayesAppellate Division of the Supreme Court of the State of New York · 2003

3Cited by4 opinions

  1. Utica Mutual Insurance v. McAteer & FitzGerald, Inc.Appellate Division of the Supreme Court of the State of New York · 2010
  2. Sharma v. NewAppellate Division of the Supreme Court of the State of New York · 2011
  3. Hamlet at Willow Creek Development Co. v. Northeast Land Development Corp.Appellate Division of the Supreme Court of the State of New York · 2012
  4. Hamlet at Willow Creek Development Co. v. Northeast Land Development Corp.Appellate Division of the Supreme Court of the State of New York · 2012

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