Lincoln Gibbs Co. v. City of Rochester

Appellate Division of the Supreme Court of New York

Lincoln Gibbs Co. v. City of Rochester

197 A.D.2d 934, 604 N.Y.S.2d 849, 1993 N.Y. App. Div. LEXIS 9433

Appellate Division of the Supreme Court of the State of New York·Decided October 1, 1993·Published

Opinion

—Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: The court should not have granted defendant’s cross motion for summary judgment dismissing the complaint but rather should have declared the rights of the parties (see, e.g., Pless v Town of Royalton, 185 AD2d 659, 660, affd 81 NY2d 1047). We modify the judgment, therefore, to reinstate the complaint and to declare that defendant is entitled to assess against plaintiff the replacement cost of the concrete slab at issue. (Appeal from Judgment of Supreme Court, Monroe County, Galloway, J.—Declaratory Judgment.) Present—Pine, J. P., Fallon, Boomer, Davis and Boehm, JJ.

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—Judgment unanimously modified on the law and as modified affirmed without costs and judgment granted in accordance with the following Memorandum: The court should not have granted defendant’s cross motion for summary judgment dismissing the complaint but rather should have declared the rights of the parties (see, e.g., Pless v Town of Royalton, 185 AD2d 659, 660, affd 81 NY2d 1047). We modify the judgment, therefore, to reinstate the complaint and to declare that defendant is entitled to assess against plaintiff the replacement cost of the concrete slab at issue. (Appeal from Judgment of Supreme Court, Monroe County, Galloway, J.—Declaratory Judgment.) Present—Pine, J. P., Fallon, Boomer, Davis and Boehm, JJ.

Lincoln Gibbs Co. v. City of Rochester, 197 A.D.2d 934, 604 N.Y.S.2d 849, 1993 N.Y. App. Div. LEXIS 9433 (N.Y. Ct. App. 1993).

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197 A.D.2d 934 (Lincoln Gibbs Co. v. City of Rochester) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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