Legal Opinion
Jewett v. Luau-Nyack Corp.
New York Court of Appeals
Decided November 2, 1972PublishedCited by 20 opinions
1Opinion of the CourtBreitel, J.
In a proceeding by a village to declare a partially destroyed building a nuisance and to order its removal, intervener, executor of the estate of the mortgagee in possession, appeals. The issue is whether section 89 (subd. 7-a) of the Village Law providing for removal of unsafe buildings is self-executing without a general ordinance having been enacted to implement its provisions. If so, the further issue is the power of the village to remove or compel removal of a particular building by resolution, passed without the formality of an ordinance.
There should be an affirmance. Section 89 (subd.…
2Cases cited15 opinions
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
- Kleiber v. City & County of San FranciscoCalifornia Supreme Court · 1941
- Collins v. City of SchenectadyAppellate Division of the Supreme Court of the State of New York · 1939
- People Ex Rel. Sweitzer v. City of ChicagoIllinois Supreme Court · 1936
- Case v. City of SaginawMichigan Supreme Court · 1939
10 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Town of Massena v. Niagara Mohawk Power Corp.New York Court of Appeals · 1978
- Aeneas McDonald Police Benevolent Ass'n v. City of GenevaNew York Court of Appeals · 1998
- Municipality of Anchorage v. FrohneAlaska Supreme Court · 1977
- Quaglia v. Incorporated Village of Munsey ParkAppellate Division of the Supreme Court of the State of New York · 1976
- Egleston v. KalamaridesAppellate Division of the Supreme Court of the State of New York · 1982
15 more not listed; retrieve them via the Exa API.