Legal Opinion
Izzo v. Town of Smithtown
Appellate Division of the Supreme Court of the State of New York
Decided June 28, 2017No. 2015-09154PublishedCited by 2 opinions
1Opinion of the Court
In an action, inter alia, to recover damages for injury to real property, the defendant appeals from an order of the Supreme Court, Suffolk County (Molia, J.), dated July 14, 2014, which denied its motion for summary judgment dismissing the complaint.
Ordered that the order is affirmed, with costs.
The plaintiffs, owners of commercial real property located in Kings Park, served a notice of claim dated September 30, 2002, upon the defendant, Town of Smithtown, alleging that the Town wrongfully buried leaves and lawn debris under the surface of their property. The plaintiffs commenced this action…
2Cases cited9 opinions
- Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
- Capruso v. Village of Kings PointNew York Court of Appeals · 2014
- Bloomingdales, Inc. v. New York City Transit AuthorityNew York Court of Appeals · 2009
- Almeida v. WellsAppellate Division of the Supreme Court of the State of New York · 2010
- Property Owners Ass'n of Harbor Acres, Inc. v. YingAppellate Division of the Supreme Court of the State of New York · 1988
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3Cited by2 opinions
- Listwon v. 500 Metro. Owner, LLCAppellate Division of the Supreme Court of the State of New York · 2020
- Lewis v. SteinerAppellate Division of the Supreme Court of the State of New York · 2025