Legal Opinion
Charles v. Diamond
Appellate Division of the Supreme Court of the State of New York
Decided July 6, 1973PublishedCited by 5 opinions
1Opinion of the CourtSimons, J.
This is an appeal from a judgment which granted respondents’ motion to dismiss this article 78 proceeding on the ground that the petition fails to state a cause of action. On review we assume the truth of all the statements contained in the pleading and consider them in the light most favorable to the pleader (Matter of Hassett v. Barnes, 11 A D 2d 1089).
Petitioner alleges that he owns land in the Village of Camillus, New York. He wishes to build an apartment project on it and the Village Board has approved the construction and authorized the Mayor to approve the connection of the project to…
2Cases cited10 opinions
- Pennsylvania Coal Co. v. MahonSupreme Court of the United States · 1922
- Arverne Bay Construction Co. v. ThatcherNew York Court of Appeals · 1938
- Hutchinson v. City of ValdostaSupreme Court of the United States · 1913
- People Ex Rel. Harris v. Commissioners of the Land OfficeNew York Court of Appeals · 1896
- Opgal, Inc. v. BurnsSupreme Court of Florida · 1959
5 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Charles v. DiamondNew York Court of Appeals · 1977
- Town of Lima v. HarperAppellate Division of the Supreme Court of the State of New York · 1977
- Charles v. DiamondAppellate Division of the Supreme Court of the State of New York · 1975
- Bond Street & Weatherbest Slip Boathouse Owners v. City of North TonawandaAppellate Division of the Supreme Court of the State of New York · 1978
- New York Ass'n of Convenience Stores v. UrbachNew York Supreme Court · 1996