§Why CasetextPricing

Daniel Capruso, et al., Respondents,v.Village of Kings Point, et al., Appellants.--------------------------------State of New York, Respondent, v. Village of Kings Point, Appellant.

Brief

78 Cited authorities

  1. Williamson Planning Comm'n v. Hamilton Bank

    473 U.S. 172 (1985)   Cited 2,709 times   46 Legal Analyses
    Holding that “if a State provides an adequate procedure for seeking just compensation, the property owner cannot claim a violation of the Just Compensation Clause [of the United States Constitution] until it has used the procedure and been denied just compensation”

  2. Abbott Laboratories v. Gardner

    387 U.S. 136 (1967)   Cited 5,282 times   9 Legal Analyses
    Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"

  3. Rovello v. Orofino Realty Co.

    40 N.Y.2d 633 (N.Y. 1976)   Cited 2,266 times   1 Legal Analyses
    Ruling that on motion to dismiss under CPLR 3211, "court may freely consider affidavits submitted by the plaintiff to remedy any defects in the complaint"

  4. Guilbert v. Gardner

    480 F.3d 140 (2d Cir. 2007)   Cited 610 times
    Holding that at-will employment agreement including promise to contribute $10,000 annually during employment to pension fund was not covered by Statute of Frauds under Cron because obligation was fixed and performable within one year

  5. Toilet Goods Assn. v. Gardner

    387 U.S. 158 (1967)   Cited 538 times
    Holding claims unripe where agency action “can ... be promptly challenged through an administrative procedure”

  6. Copart Industries, Inc. v. Consolidated Edison Co. of New York, Inc.

    41 N.Y.2d 564 (N.Y. 1977)   Cited 583 times   1 Legal Analyses
    Explaining that "one is subject to liability for a private nuisance if his conduct is a legal cause of the invasion of the interest" and other factors are met

  7. Phillips Petroleum Co. v. Mississippi

    484 U.S. 469 (1988)   Cited 104 times
    Holding that "long-standing precedents . . . hold that the States, upon entry into the Union, received ownership of all lands under waters subject to the ebb and flow of the tide."

  8. Matter of Essex County v. Zagata

    91 N.Y.2d 447 (N.Y. 1998)   Cited 169 times
    Holding that an agency decision is final when the decision "may not be prevented or significantly ameliorated by further administrative action or by steps available to the complaining party"

  9. Church of St. Paul v. Barwick

    67 N.Y.2d 510 (N.Y. 1986)   Cited 233 times
    Holding that decision was not final "until plaintiff has sought and the Commission has granted or denied a certificate of appropriateness or other approval . . . ."

  10. Jensen v. General Elec. Co.

    82 N.Y.2d 77 (N.Y. 1993)   Cited 147 times
    Holding that when the New York Legislature enacted section 214-c, it intended to abrogate the continuing tort doctrine for claims alleging ongoing toxic torts

  11. Section R3211 - Motion to dismiss

    N.Y. C.P.L.R. § 3211   Cited 37,978 times   3 Legal Analyses
    Granting dismissal where a defense is based upon documentary evidence

  12. Section 217 - Proceeding against body or officer; actions complaining about conduct that would constitute a union's breach of its duty of fair representation; four months

    N.Y. CPLR 217   Cited 2,865 times
    Setting a four-month statute of limitations

  13. Section R4540 - Authentication of official record of court or government office in the United States

    N.Y. C.P.L.R. § 4540   Cited 185 times

    (a) Copies permitted. An official publication, or a copy attested as correct by an officer or a deputy of an officer having legal custody of an official record of the United States or of any state, territory or jurisdiction of the United States, or of any of its courts, legislature, offices, public bodies or boards is prima facie evidence of such record. (b) Certificate of officer of the state. Where the copy is attested by an officer of the state, it shall be accompanied by a certificate signed

  14. Section 7-724 - Official maps, changes in official map; notice of hearing

    N.Y. Village Law § 7-724   Cited 5 times

    Every village may by resolution of its board of trustees establish an official map of the village showing the streets, highways and parks theretofore laid out, adopted and established by law. Drainage systems may also be shown on this map. Such map is to be deemed to be final and conclusive with respect to the location and width of streets, highways, drainage systems and the location of parks shown thereon. Such official map is hereby declared to be established to conserve and promote the public