Home/New York Court of Appeals/MATTER OF DOLOMITE PRODS. CO., INC. v. Kipers

MATTER OF DOLOMITE PRODS. CO., INC. v. Kipers

225 N.E.2d 894, 19 N.Y.2d 739, 279 N.Y.S.2d 192, 1967 N.Y. LEXIS 1677
New York Court of Appeals·Decided March 2, 1967·Published·Cited by 17 cases

Opinions

Memorandum. The order should be affirmed, with costs, upon the opinion at the Appellate Division. As that opinion demonstrates, the record makes it clear that the appellant carried on no quarrying operations in parcels B and 0 since it acquired those properties more than 40 years ago. And, contrary to the intimations in the dissenting opinion, the appellant, as the Appellate Division pointed out, offered no proof either (1) “ as to the financial loss it may suffer ” (23 A D 2d, p. 342); (2) or “ as to the value of the land in parcels B and C which * * * are apparently good residential building lots of substantial value which can be realized by [appellant] if its operations are limited to parcel A ” (23 A D 2d, p. 342); or even (3) that “ the parcels in question are more valuable for quarrying than they are for sale as residential lots ” (23 A D 2d, p. 343).

Free access — add to your briefcase to read the full text and ask questions with AI

MATTER OF DOLOMITE PRODS. CO., INC. v. Kipers, 225 N.E.2d 894, 19 N.Y.2d 739, 279 N.Y.S.2d 192, 1967 N.Y. LEXIS 1677 (N.Y. 1967).

225 N.E.2d 894 (MATTER OF DOLOMITE PRODS. CO., INC. v. Kipers) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Matter of Town of Southampton v. New York State Dept. of Envtl. Conservation
2021 NY Slip Op 03351 (Appellate Division of the Supreme Court of New York, 2021)
Cobleskill Stone Products, Inc. v. Town of Schoharie
95 A.D.3d 1636 (Appellate Division of the Supreme Court of New York, 2012)
Buffalo Crushed Stone, Inc. v. Town of Cheektowaga
913 N.E.2d 394 (New York Court of Appeals, 2009)
Hansen Brothers Enterprises, Inc. v. Board of Supervisors
907 P.2d 1324 (California Supreme Court, 1996)
Rachman Bag Company, a Partnership Composed of Plains Bag and Bagging Co., Inc., and Rachman Bag Co., Inc. v. Liberty Mutual Insurance Company
46 F.3d 230 (Second Circuit, 1995)
Syracuse Aggregate Corp. v. Weise
414 N.E.2d 651 (New York Court of Appeals, 1980)
Syracuse Aggregate Corp. v. Weise
72 A.D.2d 254 (Appellate Division of the Supreme Court of New York, 1980)
Barton Contracting Co., Inc. v. City of Afton
268 N.W.2d 712 (Supreme Court of Minnesota, 1978)
Marra v. State
61 A.D.2d 38 (Appellate Division of the Supreme Court of New York, 1978)
Fredal v. Forster
156 N.W.2d 606 (Michigan Court of Appeals, 1967)
MATTER OF DOLOMITE PRODS. CO., INC. v. Kipers
225 N.E.2d 894 (New York Court of Appeals, 1967)