Jerry's Auto Parts Inc. v. Sangiamo

Appellate Division of the Supreme Court of New York

Jerry's Auto Parts Inc. v. Sangiamo

134 A.D.2d 470, 520 N.Y.S.2d 1021, 1987 N.Y. App. Div. LEXIS 50664

Appellate Division of the Supreme Court of the State of New York·Decided November 18, 1987·Published

Opinion

— In an action to recover compensatory and punitive damages for trespass, the plaintiff appeals from a judgment of the Supreme Court, Queens County (LaFauci, J.), entered August 27, 1986, which, after a nonjury trial, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The evidence adduced at the trial failed to establish that the defendant committed a trespass upon the plaintiff’s property. In any event, there was a total failure of proof as to any damages. Thompson, J. P., Lawrence, Rubin and Spatt, JJ., concur.

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— In an action to recover compensatory and punitive damages for trespass, the plaintiff appeals from a judgment of the Supreme Court, Queens County (LaFauci, J.), entered August 27, 1986, which, after a nonjury trial, dismissed the complaint.

Ordered that the judgment is affirmed, with costs.

The evidence adduced at the trial failed to establish that the defendant committed a trespass upon the plaintiff’s property. In any event, there was a total failure of proof as to any damages. Thompson, J. P., Lawrence, Rubin and Spatt, JJ., concur.

Jerry's Auto Parts Inc. v. Sangiamo, 134 A.D.2d 470, 520 N.Y.S.2d 1021, 1987 N.Y. App. Div. LEXIS 50664 (N.Y. Ct. App. 1987).

Pincite

134 A.D.2d 470 (Jerry's Auto Parts Inc. v. Sangiamo) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.