Levy v. Town of Kent

Appellate Division of the Supreme Court of New York

Levy v. Town of Kent

111 A.D.2d 313, 489 N.Y.S.2d 1008, 1985 N.Y. App. Div. LEXIS 51420

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

DecidedMay 20, 1985

StatusPublished

This text of 111 A.D.2d 313 (Levy v. Town of Kent) 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

Levy v. Town of Kent, 111 A.D.2d 313, 489 N.Y.S.2d 1008, 1985 N.Y. App. Div. LEXIS 51420 (N.Y. Ct. App. 1985).

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Opinion

In a negligence action to recover damages for personal injuries resulting from water contamination, plaintiff appeals from an order of the Supreme Court, Putnam County (Beisheim, J.), dated August 19, 1983, which, upon the motion of the [314]*314defendants Putnam County and Putnam County Board of Health to dismiss the complaint as against them for nonjoinder of the State of New York as a necessary party, dismissed the complaint as against all defendants “without prejudice to the right of the plaintiffs [sic] to pursue their [sic] claim against the defendants in the Court of Claims”.

Order reversed, without costs or disbursements, and motion denied. (See, Baisley v Town of Kent, 111 AD2d 299.) Thompson, J. P., Brown, Niehoff and Lawrence, JJ., concur.

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In a negligence action to recover damages for personal injuries resulting from water contamination, plaintiff appeals from an order of the Supreme Court, Putnam County (Beisheim, J.), dated August 19, 1983, which, upon the motion of the [314]*314defendants Putnam County and Putnam County Board of Health to dismiss the complaint as against them for nonjoinder of the State of New York as a necessary party, dismissed the complaint as against all defendants “without prejudice to the right of the plaintiffs [sic] to pursue their [sic] claim against the defendants in the Court of Claims”.

Order reversed, without costs or disbursements, and motion denied. (See, Baisley v Town of Kent, 111 AD2d 299.) Thompson, J. P., Brown, Niehoff and Lawrence, JJ., concur.

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Bluebook (online)

111 A.D.2d 313, 489 N.Y.S.2d 1008, 1985 N.Y. App. Div. LEXIS 51420, Counsel Stack Legal Research, https://law.counselstack.com/opinion/levy-v-town-of-kent-nyappdiv-1985.

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