Rebecca Moss, Ltd. v. 540 Acquisition Co.

Appellate Division of the Supreme Court of New York

Rebecca Moss, Ltd. v. 540 Acquisition Co.

285 A.D.2d 416, 728 N.Y.S.2d 371, 2001 N.Y. App. Div. LEXIS 7665

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

DecidedJuly 26, 2001

StatusPublished

This text of 285 A.D.2d 416 (Rebecca Moss, Ltd. v. 540 Acquisition Co.) 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

Rebecca Moss, Ltd. v. 540 Acquisition Co., 285 A.D.2d 416, 728 N.Y.S.2d 371, 2001 N.Y. App. Div. LEXIS 7665 (N.Y. Ct. App. 2001).

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Opinion

—Order, Supreme Court, New York County (Phyllis GangelJacob, J.), entered June 29, 1999, which, to the extent appealed from, granted respondents’ motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff’s causes of action for negligence and private nuisance must be dismissed because it may not recover damages for negligently caused financial harm without accompanying physical injury or for private nuisance absent intentional acts on defendants’ part (532 Madison Ave. Gourmet Foods v Finlandia Ctr., 96 NY2d 280, 291-292). The cause of action for public nuisance must be dismissed because plaintiff failed to plead that its damages were different from those sustained by the general public (id. at 292-293). Concur — Sullivan, P. J., Nardelli, Ellerin, Lerner and Friedman, JJ.

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—Order, Supreme Court, New York County (Phyllis GangelJacob, J.), entered June 29, 1999, which, to the extent appealed from, granted respondents’ motion to dismiss the complaint, unanimously affirmed, without costs.

Plaintiff’s causes of action for negligence and private nuisance must be dismissed because it may not recover damages for negligently caused financial harm without accompanying physical injury or for private nuisance absent intentional acts on defendants’ part (532 Madison Ave. Gourmet Foods v Finlandia Ctr., 96 NY2d 280, 291-292). The cause of action for public nuisance must be dismissed because plaintiff failed to plead that its damages were different from those sustained by the general public (id. at 292-293). Concur — Sullivan, P. J., Nardelli, Ellerin, Lerner and Friedman, JJ.

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Bluebook (online)

285 A.D.2d 416, 728 N.Y.S.2d 371, 2001 N.Y. App. Div. LEXIS 7665, Counsel Stack Legal Research, https://law.counselstack.com/opinion/rebecca-moss-ltd-v-540-acquisition-co-nyappdiv-2001.

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