Allen v. Cayuga Lake Property Owners Ass'n

Appellate Division of the Supreme Court of New York

Allen v. Cayuga Lake Property Owners Ass'n

31 A.D.2d 680, 296 N.Y.S.2d 286, 1968 N.Y. App. Div. LEXIS 2632

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

DecidedDecember 20, 1968

StatusPublished

This text of 31 A.D.2d 680 (Allen v. Cayuga Lake Property Owners Ass'n) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Allen v. Cayuga Lake Property Owners Ass'n, 31 A.D.2d 680, 296 N.Y.S.2d 286, 1968 N.Y. App. Div. LEXIS 2632 (N.Y. Ct. App. 1968).

Pincite

Opinion

Memorandum by the Court. Appeal from an order which dismissed a supplemental complaint as against the defendant John T. Barton. The allegation that Barton ordered the appellants’ agent from the dam site does not establish the perpertration of an independent tort against the appellant nor does it allege that Barton was motivated by financial gain. Special Term correctly found that “ The act of the defendant, Barton, which is complained of bears no relevancy to the complaint or the relief sought.” Order affirmed, with $10 costs. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.

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Memorandum by the Court. Appeal from an order which dismissed a supplemental complaint as against the defendant John T. Barton. The allegation that Barton ordered the appellants’ agent from the dam site does not establish the perpertration of an independent tort against the appellant nor does it allege that Barton was motivated by financial gain. Special Term correctly found that “ The act of the defendant, Barton, which is complained of bears no relevancy to the complaint or the relief sought.” Order affirmed, with $10 costs. Gibson, P. J., Herlihy, Reynolds, Staley, Jr., and Gabrielli, JJ., concur in memorandum by the court.

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Bluebook (online)

31 A.D.2d 680, 296 N.Y.S.2d 286, 1968 N.Y. App. Div. LEXIS 2632, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allen-v-cayuga-lake-property-owners-assn-nyappdiv-1968.