Legal Opinion
Kempa v. Town of Boston
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 2010PublishedCited by 3 opinions
1Opinion of the Court
*1748Appeal from an order of the Supreme Court, Erie County (Rose H. Sconiers, J.), entered September 10, 2009. The order denied the motion of defendant for summary judgment dismissing the complaint.
It is hereby ordered that the order so appealed from is unanimously affirmed without costs.
Memorandum: Plaintiff owns land adjacent to a town highway known as Eddy Road in defendant, Town of Boston (hereafter, Town). In 2007, plaintiff commenced this action asserting claims for trespass, negligence, and the violation of RPAPL 861, alleging that the Town entered his land without permission and damaged…
2Cases cited12 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Ciesinski v. Town of AuroraAppellate Division of the Supreme Court of the State of New York · 1994
- Schillawski v. State of New YorkNew York Court of Appeals · 1961
- Town of Ulster v. MassaAppellate Division of the Supreme Court of the State of New York · 1988
- Sloninski v. WestonAppellate Division of the Supreme Court of the State of New York · 1996
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3Cited by3 opinions
- BROOKS, MICHAEL v. HARDIN, GEORGE P.Appellate Division of the Supreme Court of the State of New York · 2013
- Brooks v. HardinAppellate Division of the Supreme Court of the State of New York · 2013
- Brooks v. HardinAppellate Division of the Supreme Court of the State of New York · 2013