Legal Opinion

Mason v. Simmons

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

Decided April 28, 1988PublishedCited by 21 opinions

1Opinion of the Court

— Casey, J.

Appeal from an order of the Supreme Court (Connor, J.), entered January 26, 1987 in Columbia County, which, inter alia, granted defendant’s motion to dismiss the complaint for failure to prosecute.

Plaintiffs commenced this action on or about May 16, 1984 seeking injunctive, declaratory and monetary relief as the result of defendant’s alleged wrongful diversion and obstruction of a natural stream which flowed from defendant’s property to plaintiffs’ property. Accompanying the complaint was a motion for a preliminary injunction, which Supreme Court denied by decision dated October 5,…

2Cases cited4 opinions

  1. Aquilino v. Adirondack Transit Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
  2. Stein v. Wainwright's Travel Service, Inc.Appellate Division of the Supreme Court of the State of New York · 1983
  3. Riley v. MakowskiAppellate Division of the Supreme Court of the State of New York · 1983
  4. Mason v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1985

3Cited by21 opinions

  1. Papadopoulas v. R.B. Supply Corp.Appellate Division of the Supreme Court of the State of New York · 1989
  2. Turman v. Amity OBG AssociatesAppellate Division of the Supreme Court of the State of New York · 1991
  3. Pastore v. Golub Corp.Appellate Division of the Supreme Court of the State of New York · 1992
  4. Lopez v. Pathmark Supermarket, Inc.Appellate Division of the Supreme Court of the State of New York · 1996
  5. Hogan v. City of KingstonAppellate Division of the Supreme Court of the State of New York · 1997

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