Legal Opinion
Erie Petroleum, Inc. v. County of ChautauQua
Appellate Division of the Supreme Court of the State of New York
Decided September 28, 2001No. Appeal No. 1PublishedCited by 5 opinions
1Opinion of the Court
—Order unanimously affirmed without costs. Memorandum: In appeal No. 1, Supreme Court properly granted defendant’s motion seeking summary judgment dismissing the complaint. Contrary to the contention of plaintiff, its offer to purchase property obtained by defendant in a tax foreclosure sale was not accepted when the Chautauqua County Legislature enacted Resolution 18-2000. The Resolution merely authorized the County Executive to execute a deed; “it did not under these circumstances obligate him. Accepting a grant of authority is not the same as a requirement to exercise the authority. By…
2Cases cited7 opinions
- Hooper Associates Ltd. v. AGS Computers, Inc.New York Court of Appeals · 1989
- Express Industries & Terminal Corp. v. New York State Department of TransportationNew York Court of Appeals · 1999
- Royal v. Brooklyn Union Gas Co.Appellate Division of the Supreme Court of the State of New York · 1986
- Harradine v. Board of SupervisorsAppellate Division of the Supreme Court of the State of New York · 1980
- Umfrey v. NeMoyerAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by5 opinions
- PRESTON, TRACY v. APCH, INC.Appellate Division of the Supreme Court of the State of New York · 2011
- Erie Petroleum, Inc. v. County of ChautauquaAppellate Division of the Supreme Court of the State of New York · 2001
- PERRY, NORMAN JOHN v. EDWARDS, JAMES W.Appellate Division of the Supreme Court of the State of New York · 2017
- Perry v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2017
- Perry v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2017