Bloomfield Building Wreckers, Inc. v. City of Troy

Appellate Division of the Supreme Court of New York

Bloomfield Building Wreckers, Inc. v. City of Troy

50 A.D.2d 673, 375 N.Y.S.2d 213, 1975 N.Y. App. Div. LEXIS 12510

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

DecidedNovember 20, 1975

StatusPublished

Cited by4 cases

This text of 50 A.D.2d 673 (Bloomfield Building Wreckers, Inc. v. City of Troy) 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

Bloomfield Building Wreckers, Inc. v. City of Troy, 50 A.D.2d 673, 375 N.Y.S.2d 213, 1975 N.Y. App. Div. LEXIS 12510 (N.Y. Ct. App. 1975).

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Opinions

— Appeal from an order of the Supreme Court at Special Term, entered October 26, 1973 in Rensselaer County, which granted defendant’s motion to dismiss the complaint on the ground that plaintiff had failed to file a timely notice of claim as required by section 50-e of the General Municipal Law. Plaintiff seeks recovery for alleged damages arising from defendant’s improper refusal to issue a demolition permit. The gravamen of plaintiff’s complaint is in tort thus requiring compliance with section 50-e of the General Municipal Law. The cause of action was not for a continuing wrong but instead accrued on January 11, 1972 when defendant refused plaintiff’s request for a demolition permit for a second time (Band v Town of Colonie, 36 AD2d 785). Moreover, there is no merit in plaintiff’s other contentions, particularly that defendant’s lack of prejudice should preclude its being held to the time requirements of section 50-e (Pugh v Board of. Educ. Cent. Dist. No. 1-Fayetteville-Manlius School Dist., 38 AD2d 619, affd. 30 NY2d 968). Accordingly, the notice of claim not being timely, the order appealed from must be affirmed. Order affirmed, without costs. Koreman, [674]*674Main and Reynolds, JJ., concur; Greenblott, J. P., and Larkin, J., dissent and vote to reverse in the following memorandum by Greenblott, J. P.

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— Appeal from an order of the Supreme Court at Special Term, entered October 26, 1973 in Rensselaer County, which granted defendant’s motion to dismiss the complaint on the ground that plaintiff had failed to file a timely notice of claim as required by section 50-e of the General Municipal Law. Plaintiff seeks recovery for alleged damages arising from defendant’s improper refusal to issue a demolition permit. The gravamen of plaintiff’s complaint is in tort thus requiring compliance with section 50-e of the General Municipal Law. The cause of action was not for a continuing wrong but instead accrued on January 11, 1972 when defendant refused plaintiff’s request for a demolition permit for a second time (Band v Town of Colonie, 36 AD2d 785). Moreover, there is no merit in plaintiff’s other contentions, particularly that defendant’s lack of prejudice should preclude its being held to the time requirements of section 50-e (Pugh v Board of. Educ. Cent. Dist. No. 1-Fayetteville-Manlius School Dist., 38 AD2d 619, affd. 30 NY2d 968). Accordingly, the notice of claim not being timely, the order appealed from must be affirmed. Order affirmed, without costs. Koreman, [674]*674Main and Reynolds, JJ., concur; Greenblott, J. P., and Larkin, J., dissent and vote to reverse in the following memorandum by Greenblott, J. P.

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50 A.D.2d 673, 375 N.Y.S.2d 213, 1975 N.Y. App. Div. LEXIS 12510, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bloomfield-building-wreckers-inc-v-city-of-troy-nyappdiv-1975.

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