Higgins v. Village of Orchard Park
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
—Order unanimously modified on the law and as modified affirmed without costs and matter remitted to Supreme Court for further proceedings in accordance with the following Memorandum: Supreme Court erred in denying defendant’s cross motion to the extent that it sought dismissal of the causes of action sounding in negligence and breach of contract as time-barred. Those causes of action stem from defendant’s April 1995 installation of a drainage line across plaintiffs’ property, and this action was not commenced until June 1998 (see, CPLR 9801, 9802; General Municipal Law § 50-i [1] [c]; Fourth…
2Cases cited8 opinions
- Fourth Ocean Putnam Corp. v. Interstate Wrecking Co.New York Court of Appeals · 1985
- Town of Orangetown v. MageeNew York Court of Appeals · 1996
- Noonan v. . City of AlbanyNew York Court of Appeals · 1880
- Doran v. Town of CheektowagaAppellate Division of the Supreme Court of the State of New York · 1976
- Ward v. BennettAppellate Division of the Supreme Court of the State of New York · 1995
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3Cited by9 opinions
- National Ass'n for the Advancement of Colored People v. Acusport, Inc.District Court, E.D. New York · 2003
- NAACP v. AcuSport, Inc.District Court, E.D. New York · 2003
- Bower Associates v. Town of Pleasant ValleyAppellate Division of the Supreme Court of the State of New York · 2003
- Rashford v. RandazzoAppellate Division of the Supreme Court of the State of New York · 2007
- Bono v. Town of HumphreyAppellate Division of the Supreme Court of the State of New York · 2020
4 more not listed; retrieve them via the Exa API.