Legal Opinion

Fountain v. Village of Canastota

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

Decided September 21, 1995PublishedCited by 5 opinions

1Opinion of the CourtYesawich Jr., J.

Appeal from an order of the Supreme Court (Tait, Jr., J.), entered November 2, 1994 in Madison County, which granted defendant’s motion to dismiss the complaint for failure to prosecute.

On May 14, 1993, plaintiffs served a complaint alleging that, on February 15, 1992, members of the Village of Canastota Police Department executed a search warrant at the home of plaintiff Allan D. Fountain, during the course of which lead musket balls owned by Fountain were purportedly strewn about the residence. He claims that, while he and his wife were restrained by law enforcement officials, his…

2Cases cited4 opinions

  1. Sortino v. FisherAppellate Division of the Supreme Court of the State of New York · 1963
  2. Pastore v. Golub Corp.Appellate Division of the Supreme Court of the State of New York · 1992
  3. Anderson v. DotenAppellate Division of the Supreme Court of the State of New York · 1992
  4. Key Bank, N.A. v. New York Central Mutual Fire InsuranceAppellate Division of the Supreme Court of the State of New York · 1988

3Cited by5 opinions

  1. Hogan v. City of KingstonAppellate Division of the Supreme Court of the State of New York · 1997
  2. Alaimo v. McGeorgeAppellate Division of the Supreme Court of the State of New York · 2010
  3. Wood v. ConverseAppellate Division of the Supreme Court of the State of New York · 1999
  4. Abele Tractor & Equipment Co. v. RJ Valente, Inc.Appellate Division of the Supreme Court of the State of New York · 2012
  5. Rasmussen v. Niagara Mohawk Power Corp.Appellate Division of the Supreme Court of the State of New York · 2002

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