Brocoris Realty Corp. v. Village of Scarsdale

Appellate Division of the Supreme Court of New York

Brocoris Realty Corp. v. Village of Scarsdale

241 A.D. 735

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

DecidedMarch 15, 1934

StatusPublished

This text of 241 A.D. 735 (Brocoris Realty Corp. v. Village of Scarsdale) 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

Brocoris Realty Corp. v. Village of Scarsdale, 241 A.D. 735 (N.Y. Ct. App. 1934).

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Opinion

Order granting defendants’ motion to dismiss complaint and directing judgment, and the judgment entered thereon, reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to defendants to answer within ten days from the entry of the order herein. The village had no right to violate its ordinance by the erection of a general municipal garage. (O’Brien v. Town of Greenburgh, 239 App. Div. 555.) The building having been erected and the appeal having been unreasonably delayed until long after its erection, the plaintiffs will be entitled to recover only such damages as they may be able to show resulted from the existence of a nuisance in fact. Lazansky, P. J., Tompkins and Davis, JJ., concur; Young and Kapper, JJ., dissent and vote to affirm.

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Order granting defendants’ motion to dismiss complaint and directing judgment, and the judgment entered thereon, reversed on the law, with ten dollars costs and disbursements, and motion denied, with ten dollars costs, with leave to defendants to answer within ten days from the entry of the order herein. The village had no right to violate its ordinance by the erection of a general municipal garage. (O’Brien v. Town of Greenburgh, 239 App. Div. 555.) The building having been erected and the appeal having been unreasonably delayed until long after its erection, the plaintiffs will be entitled to recover only such damages as they may be able to show resulted from the existence of a nuisance in fact. Lazansky, P. J., Tompkins and Davis, JJ., concur; Young and Kapper, JJ., dissent and vote to affirm.

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Bluebook (online)

241 A.D. 735, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brocoris-realty-corp-v-village-of-scarsdale-nyappdiv-1934.

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