City of New York v. Hunts Point Auto Wreckers, Inc.

Appellate Division of the Supreme Court of New York

City of New York v. Hunts Point Auto Wreckers, Inc.

180 A.D.2d 603, 580 N.Y.S.2d 313, 1992 N.Y. App. Div. LEXIS 2816

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

DecidedFebruary 27, 1992

StatusPublished

Cited by1 cases

This text of 180 A.D.2d 603 (City of New York v. Hunts Point Auto Wreckers, Inc.) 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

City of New York v. Hunts Point Auto Wreckers, Inc., 180 A.D.2d 603, 580 N.Y.S.2d 313, 1992 N.Y. App. Div. LEXIS 2816 (N.Y. Ct. App. 1992).

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Opinion

Order, Supreme Court, Bronx County (Herbert Shapiro, J.), entered February 7, 1991, which granted plaintiffs motion for summary judgment and ordered defendant to remove a structure encroaching on plaintiffs property, unanimously affirmed, with costs.

Plaintiff-City sought removal of a structure erected by defendant underneath and attached to the Westchester Avenue Bridge claiming that it constituted a trespass and encroachment on City property. Since the City submitted uncontroverted documentary proof of title to the property on which defendant built the structure, summary judgment was properly granted (see, Berman v Golden, 131 AD2d 416). The evidence proffered by defendant that Amtrak owned the property on which the structure is located and that it leased this property to defendant was merely conjectural and insufficient to defeat summary judgment, especially in light of Amtrak’s denial of said ownership. Concur—Milonas, J. P., Ellerin, Ross, Asch and Kassal, JJ.

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Order, Supreme Court, Bronx County (Herbert Shapiro, J.), entered February 7, 1991, which granted plaintiffs motion for summary judgment and ordered defendant to remove a structure encroaching on plaintiffs property, unanimously affirmed, with costs.

Plaintiff-City sought removal of a structure erected by defendant underneath and attached to the Westchester Avenue Bridge claiming that it constituted a trespass and encroachment on City property. Since the City submitted uncontroverted documentary proof of title to the property on which defendant built the structure, summary judgment was properly granted (see, Berman v Golden, 131 AD2d 416). The evidence proffered by defendant that Amtrak owned the property on which the structure is located and that it leased this property to defendant was merely conjectural and insufficient to defeat summary judgment, especially in light of Amtrak’s denial of said ownership. Concur—Milonas, J. P., Ellerin, Ross, Asch and Kassal, JJ.

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Bluebook (online)

180 A.D.2d 603, 580 N.Y.S.2d 313, 1992 N.Y. App. Div. LEXIS 2816, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-new-york-v-hunts-point-auto-wreckers-inc-nyappdiv-1992.

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