Vecchi v. City of Canandaigua

Appellate Division of the Supreme Court of New York

Vecchi v. City of Canandaigua

13 A.D.2d 715, 213 N.Y.S.2d 547, 1961 N.Y. App. Div. LEXIS 11576

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

DecidedApril 6, 1961

StatusPublished

This text of 13 A.D.2d 715 (Vecchi v. City of Canandaigua) 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

Vecchi v. City of Canandaigua, 13 A.D.2d 715, 213 N.Y.S.2d 547, 1961 N.Y. App. Div. LEXIS 11576 (N.Y. Ct. App. 1961).

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Opinion

— Order insofar as appealed from unanimously reversed, without costs of this appeal to any party, and complaint dismissed, without costs. Memorandum: The second cause of action is for a nuisance growing out of negligence. The short Statute of Limitations contained in the City Charter applied and commenced to run on the day of the occurrence of the damage. The second cause of action should be dismissed. (McFarlane v. City of Niagara Falls, 247 N. Y. 340; Delaney v. Philhern Realty Holding Corp., 280 N. Y. 461; Klepper v. Seymour House Corp., 246 N. Y. 85; cf. McKenna v. Allied Chem. & Dye Corp., 8 A D 2d 463.) (Appeal from part of order of Ontario Special Term denying defendant’s motion for summary judgment as to the second cause of action.) Present — Williams, P. J., Goldman, Halpern and MeClusky, JJ.

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— Order insofar as appealed from unanimously reversed, without costs of this appeal to any party, and complaint dismissed, without costs. Memorandum: The second cause of action is for a nuisance growing out of negligence. The short Statute of Limitations contained in the City Charter applied and commenced to run on the day of the occurrence of the damage. The second cause of action should be dismissed. (McFarlane v. City of Niagara Falls, 247 N. Y. 340; Delaney v. Philhern Realty Holding Corp., 280 N. Y. 461; Klepper v. Seymour House Corp., 246 N. Y. 85; cf. McKenna v. Allied Chem. & Dye Corp., 8 A D 2d 463.) (Appeal from part of order of Ontario Special Term denying defendant’s motion for summary judgment as to the second cause of action.) Present — Williams, P. J., Goldman, Halpern and MeClusky, JJ.

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Bluebook (online)

13 A.D.2d 715, 213 N.Y.S.2d 547, 1961 N.Y. App. Div. LEXIS 11576, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vecchi-v-city-of-canandaigua-nyappdiv-1961.

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