Legal Opinion

Macris v. Matta

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

Decided December 19, 2012Published

1Opinion of the Court

The Supreme Court properly granted the defendants’ motion for summary judgment dismissing the complaint. The defendants established their prima facie entitlement to judgment as a matter of law, as they have no affirmative duty to remedy a natural condition on their property such as the beaver dam at issue here (see Vanderwiele v Taylor, 65 NY 341 [1875]; Frank v Garrison, 184 AD2d 852 [1992]; Lichtman v Nadler, 74 AD2d 66 [1980]). In response to this showing, the plaintiffs failed to raise a triable issue of fact (see Hilltop Nyack Corp. v TRMI Holdings, 272 AD2d 521 [2000]; cf. Higgins v…

2Cases cited5 opinions

  1. Vanderwiele v. . TaylorNew York Court of Appeals · 1875
  2. Higgins v. Village of Orchard ParkAppellate Division of the Supreme Court of the State of New York · 2000
  3. Hilltop Nyack Corp. v. TRMI Holdings Inc.Appellate Division of the Supreme Court of the State of New York · 2000
  4. Lichtman v. NadlerAppellate Division of the Supreme Court of the State of New York · 1980
  5. Frank v. GarrisonAppellate Division of the Supreme Court of the State of New York · 1992

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API