Migonis v. Village of Hamilton

Appellate Division of the Supreme Court of New York

Migonis v. Village of Hamilton

190 A.D.2d 973, 594 N.Y.S.2d 659, 1993 N.Y. App. Div. LEXIS 1692

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

DecidedFebruary 25, 1993

StatusPublished

This text of 190 A.D.2d 973 (Migonis v. Village of Hamilton) 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

Migonis v. Village of Hamilton, 190 A.D.2d 973, 594 N.Y.S.2d 659, 1993 N.Y. App. Div. LEXIS 1692 (N.Y. Ct. App. 1993).

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Opinion

— Appeal from an order and judgment of the Supreme Court (Tait, Jr., J.), entered April 27, 1992 in Madison County, which granted defendants’ motion for summary judgment dismissing the complaint.

The circumstances in this action and the issues raised herein are identical to those found in Carhart v Village of Hamilton (190 AD2d 973 [decided herewith]). Consequently, we find our holding in Carhart to be determinative of this appeal.

Weiss, P. J., Yesawich Jr., Levine, Crew III and Mahoney, JJ., concur. Ordered that the order and judgment is modified, on the law, with costs to plaintiffs, by reversing so much thereof as dismissed those portions of the complaint which fall within the Statute of Limitations; motion denied to that extent; and, as so modified, affirmed.

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— Appeal from an order and judgment of the Supreme Court (Tait, Jr., J.), entered April 27, 1992 in Madison County, which granted defendants’ motion for summary judgment dismissing the complaint.

The circumstances in this action and the issues raised herein are identical to those found in Carhart v Village of Hamilton (190 AD2d 973 [decided herewith]). Consequently, we find our holding in Carhart to be determinative of this appeal.

Weiss, P. J., Yesawich Jr., Levine, Crew III and Mahoney, JJ., concur. Ordered that the order and judgment is modified, on the law, with costs to plaintiffs, by reversing so much thereof as dismissed those portions of the complaint which fall within the Statute of Limitations; motion denied to that extent; and, as so modified, affirmed.

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Bluebook (online)

190 A.D.2d 973, 594 N.Y.S.2d 659, 1993 N.Y. App. Div. LEXIS 1692, Counsel Stack Legal Research, https://law.counselstack.com/opinion/migonis-v-village-of-hamilton-nyappdiv-1993.

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