Stony Point Motel Corp. v. Town of Stony Point

Appellate Division of the Supreme Court of New York

Stony Point Motel Corp. v. Town of Stony Point

1 A.D.2d 503, 767 N.Y.S.2d 251, 1 A.D.3d 503, 2003 N.Y. App. Div. LEXIS 12108

Appellate Division of the Supreme Court of the State of New York·Decided November 17, 2003·Published·Cited by 3 cases

Opinion

In an action, inter alia, to recover damages pursuant to 42 USC § 1983, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Rockland County (Bergerman, J.), dated August 26, 2002, as granted that branch of the defendant’s motion which was for summary judgment dismissing the cause of action to recover damages pursuant to 42 USC § 1983.

Ordered that the order is affirmed insofar as appealed from, with costs.

In opposition to the defendant’s prima facie demonstration of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact as to whether the defendant’s emergency closure of its motel pursuant to Town Code § 78-11 (A) violated 42 USC § 1983 (see Catanzaro v Weiden, 188 F3d 56 [1999]). Ritter, J.E, Florio, S. Miller and H. Miller, JJ., concur.

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In an action, inter alia, to recover damages pursuant to 42 USC § 1983, the plaintiff appeals, as limited by its brief, from so much of an order of the Supreme Court, Rockland County (Bergerman, J.), dated August 26, 2002, as granted that branch of the defendant’s motion which was for summary judgment dismissing the cause of action to recover damages pursuant to 42 USC § 1983.

Ordered that the order is affirmed insofar as appealed from, with costs.

In opposition to the defendant’s prima facie demonstration of entitlement to judgment as a matter of law, the plaintiff failed to raise a triable issue of fact as to whether the defendant’s emergency closure of its motel pursuant to Town Code § 78-11 (A) violated 42 USC § 1983 (see Catanzaro v Weiden, 188 F3d 56 [1999]). Ritter, J.E, Florio, S. Miller and H. Miller, JJ., concur.

Stony Point Motel Corp. v. Town of Stony Point, 1 A.D.2d 503, 767 N.Y.S.2d 251, 1 A.D.3d 503, 2003 N.Y. App. Div. LEXIS 12108 (N.Y. Ct. App. 2003).

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1 A.D.2d 503 (Stony Point Motel Corp. v. Town of Stony Point) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

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