Legal Opinion

Okie v. Village of Hamburg

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

Decided March 11, 1994PublishedCited by 20 opinions

1Opinion of the Court

OPINION OF THE COURT

Lawton, J.

Presented on this appeal is the question whether a municipality is liable for mistakenly issuing a building permit to construct a residence within the boundaries of a floodplain and for erroneously issuing a certificate of occupancy following construction. Supreme Court denied defendant Village of Hamburg’s motion for summary judgment to dismiss the homeowners’ complaint and codefendant builder’s cross claim.

The material facts are not in dispute. On April 7, 1986, plaintiffs entered into an agreement with defendant Stratford Homes, Inc. (Stratford) for the…

2Cases cited20 opinions

  1. Garrett v. Holiday Inns, Inc.New York Court of Appeals · 1983
  2. Parkview Associates v. City of New YorkNew York Court of Appeals · 1988
  3. Schuster v. City of New YorkNew York Court of Appeals · 1958
  4. Motyka v. City of AmsterdamNew York Court of Appeals · 1965
  5. O'Connor v. City of New YorkNew York Court of Appeals · 1983

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3Cited by20 opinions

  1. Twersky v. Yeshiva UniversityDistrict Court, S.D. New York · 2014
  2. East Midtown Plaza Housing Co. v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1995
  3. Hirsch v. City of N.Y.District Court, S.D. Illinois · 2018
  4. Brockport Sweden Property Owners Ass'n v. Village of BrockportAppellate Division of the Supreme Court of the State of New York · 2011
  5. Emmerling v. Town of RichmondAppellate Division of the Supreme Court of the State of New York · 2004

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