Legal Opinion

Tupper v. City of Syracuse

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

Decided March 23, 2012PublishedCited by 1 opinion

1Opinion of the Court

Appeal from a judgment of the Supreme Court, Onondaga County (James E Murphy, J.), entered May 19, 2011 in a declaratory judgment action. The judgment, among other things, dismissed plaintiffs’ complaint.

It is hereby ordered that the judgment so appealed from is unanimously modified on the law by denying those parts of defendants’ motion to dismiss the first, second, fourth and fifth causes of action except with respect to the claims of plaintiff Benjamin Tupper, reinstating those causes of action for all plaintiffs except Benjamin Tupper, and granting those parts of plaintiffs’ cross motion,…

2Cases cited16 opinions

  1. Duke Power Co. v. Carolina Environmental Study Group, Inc.Supreme Court of the United States · 1978
  2. Ryan v. New York Telephone Co.New York Court of Appeals · 1984
  3. Asian Americans for Equality v. KochNew York Court of Appeals · 1988
  4. Save the Pine Bush, Inc. v. Common CouncilNew York Court of Appeals · 2009
  5. McMinn v. Town of Oyster BayNew York Court of Appeals · 1985

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3Cited by1 opinion

  1. Matter of Save Harrison, Inc. v. Town/Village of Harrison, NYAppellate Division of the Supreme Court of the State of New York · 2019

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