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
CourtNew York Court of Appeals
DecidedMarch 2, 1967
StatusPublished
Cited by17 cases

This text of 225 N.E.2d 894 (MATTER OF DOLOMITE PRODS. CO., INC. v. Kipers) is published on Counsel Stack Legal Research, covering New York Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
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).

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).

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MATTER OF DOLOMITE PRODS. CO., INC. v. Kipers
225 N.E.2d 894 (New York Court of Appeals, 1967)

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Bluebook (online)
225 N.E.2d 894, 19 N.Y.2d 739, 279 N.Y.S.2d 192, 1967 N.Y. LEXIS 1677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-dolomite-prods-co-inc-v-kipers-ny-1967.