Legal Opinion

Aiardo v. Town of East Greenbush

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

Decided July 2, 2009PublishedCited by 12 opinions

1Opinion of the CourtKane, J.

Appeal from an order of the Supreme Court (Donohue, J.), entered March 26, 2008 in Rensselaer County, which, among other things, granted defendants’ motions to dismiss the complaint.

Plaintiffs and defendant Stephanie Wacholder are neighbors who own real property across the street from one another in the Town of East Greenbush, Rensselaer County. The Town owns a narrow triangular parcel (hereinafter the parcel) that abuts Wacholder’s property and is across the street from plaintiffs’ property. This parcel was deeded to the Town for park or recreational purposes but, because of its shape and…

2Cases cited5 opinions

  1. Society of Plastics Industry, Inc. v. County of SuffolkNew York Court of Appeals · 1991
  2. Kaskel v. ImpellitteriNew York Court of Appeals · 1953
  3. Mesivta of Forest Hills Institute, Inc. v. City of New YorkNew York Court of Appeals · 1983
  4. La Barbera v. Town of WoodstockAppellate Division of the Supreme Court of the State of New York · 2006
  5. Palmateer v. Greene County Industrial Development AgencyAppellate Division of the Supreme Court of the State of New York · 2007

3Cited by12 opinions

  1. Mittelmark v. County of SaratogaAppellate Division of the Supreme Court of the State of New York · 2011
  2. Conners v. Town of ColonieAppellate Division of the Supreme Court of the State of New York · 2013
  3. Ferran v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2014
  4. Greater New York Automobile Dealers Ass'n v. Department of Motor VehiclesNew York Supreme Court · 2013
  5. Association for a Better Long Island, Inc. v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2012

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