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Bomptin Realty Co. v. City of New York

276 A.D.2d 1094
CourtAppellate Division of the Supreme Court of the State of New York
DecidedApril 17, 1950
StatusPublished

This text of 276 A.D.2d 1094 (Bomptin Realty Co. v. City of New York) 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
Bomptin Realty Co. v. City of New York, 276 A.D.2d 1094 (N.Y. Ct. App. 1950).

Opinion

Carswell, Sneed, Wenzel and MacCrate, JJ., concur; Nolan, P. J., concurs in the result, being of the opinion that the action involves a continuing trespass upon respondent’s [1095]*1095land, and that the injury complained of is capable of physical repair. Consequently, in an action at law, a recovery upon the basis of permanent damage is not permissible, and respondent may recover only such temporary damages as have been sustained up to the time of the commencement of the action. Respondent should be permitted, if so advised, to proceed in equity. (Dietzel v. City of New York, 218 N. Y. 270, 272; Stowers v. Gilbert, 156 N. Y. 600, 604.) [196 Misc. 218.]

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Related

Dietzel v. . City of New York
112 N.E. 720 (New York Court of Appeals, 1916)
Stowers v. . Gilbert
51 N.E. 282 (New York Court of Appeals, 1898)
Bomptin Realty Co. v. City of New York
196 Misc. 218 (New York Supreme Court, 1949)

Cite This Page — Counsel Stack

Bluebook (online)
276 A.D.2d 1094, Counsel Stack Legal Research, https://law.counselstack.com/opinion/bomptin-realty-co-v-city-of-new-york-nyappdiv-1950.