Legal Opinion
City of New York v. Basil Co.
Appellate Division of the Supreme Court of the State of New York
Decided October 22, 1992PublishedCited by 4 opinions
1Opinion of the Court
OPINION OF THE COURT
Kassal, J.
The power of the City, long recognized at common law, to recover costs and expenses in the abatement of a public nuisance has been properly codified under Administrative Code of the City of New York § 7-714 (g). In the absence of imminent danger to life, health or safety, however, due process principles mandate that the party which must ultimately bear the costs be given notice and reasonable opportunity to abate the nuisance before measures are taken, and costs incurred, by the municipality.
This appeal arises from an action brought by plaintiff, the City of New…
2Cases cited9 opinions
- Gregory v. . the City of New YorkNew York Court of Appeals · 1869
- Mangione v. DiminoAppellate Division of the Supreme Court of the State of New York · 1972
- Lane v. City of Mount VernonNew York Court of Appeals · 1976
- Wells v. WellsNew York Court of Appeals · 1975
- 300 West 154th Street Realty Co. v. Department of BuildingsNew York Court of Appeals · 1970
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- City of New York v. Stringfellow's of New York, Ltd.Appellate Division of the Supreme Court of the State of New York · 1999
- Cavaretta v. GeorgeAppellate Division of the Supreme Court of the State of New York · 1999
- City of New York v. LaingAppellate Division of the Supreme Court of the State of New York · 1997
- Williams v. City of New York Department of Housing Preservation & DevelopmentAppellate Division of the Supreme Court of the State of New York · 2007