Baumler v. Town of Newstead
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: The provisions of General Municipal Law § 50-i do not apply to a cause of action asserted against a town for inverse condemnation (see, Town Law § 67 [3]; Borntrager v County of Delaware, 76 AD2d 969, 970). We nevertheless affirm Supreme Court’s dismissal of that cause of action. Assuming, arguendo, that the Town’s conduct constituted an inverse condemnation of plaintiffs’ properties, that conduct occurred in 1981 and the injuries allegedly were sustained in 1982. This…
2Cases cited10 opinions
- Dutcher v. Town of ShandakenAppellate Division of the Supreme Court of the State of New York · 1983
- Fontana v. Town of HempsteadNew York Court of Appeals · 1964
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- Fontana v. Town of HempsteadAppellate Division of the Supreme Court of the State of New York · 1963
- Nebbia v. County of MonroeAppellate Division of the Supreme Court of the State of New York · 1983
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