Falls Riverway Realty, Inc. v. City of Niagara Falls

GEORGE C. PRATT, Circuit Judge:

Plaintiffs Falls Riverway Realty, Inc. and Forest City Development Corp. appeal from a summary judgment of the United States District Court for the Western District of New York, Curtin, ,/., dismissing their complaint for damages resulting from loss of suitable street access to their property. Because the suitability of plaintiffs’ access presents issues of fact under New York law, the judgment is reversed and the case remanded for further proceedings.

FACTS

Plaintiffs’ property is a roughly rectangular parcel in downtown Niagara Falls, New York, bounded 266 feet…