From Casetext: Smarter Legal Research

Marigin v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1995
215 A.D.2d 539 (N.Y. App. Div. 1995)

Opinion

May 15, 1995

Appeal from the Supreme Court, Kings County (Greenstein, J.).


Ordered that the order is reversed insofar as appealed from, on the law, with costs, the defendants' motion for summary judgment is granted in its entirety, and the complaint is dismissed.

The Supreme Court erred in concluding that there are questions of fact with respect to whether the defendants' demolition of three buildings that had been severely damaged by a fire was due to an immediate emergency (see, Starik v City of New York, 68 A.D.2d 936; see also, Administrative Code of City of N Y § 26-235). In support of their motion for summary judgment, the defendants submitted evidence establishing, prima facie, their entitlement to judgment as a matter of law, i.e., they submitted evidence demonstrating that the buildings created an emergency condition threatening the safety of the public and that they had properly concluded that demolition of the buildings was required (see, Zuckerman v City of New York, 49 N.Y.2d 557; Schumer v Burtan, 208 A.D.2d 823; General Elec. Capital Corp. v Broadway Crescent Assocs., 200 A.D.2d 607; Starik v City of New York, supra). The papers submitted by the plaintiff in opposition to the defendants' motion fail to raise material issues of fact with respect to the propriety of the defendants' actions (see, General Elec. Capital Corp. v Broadway Crescent Assocs., supra). Balletta, J.P., O'Brien, Thompson and Altman, JJ., concur.


Summaries of

Marigin v. City of New York

Appellate Division of the Supreme Court of New York, Second Department
May 15, 1995
215 A.D.2d 539 (N.Y. App. Div. 1995)
Case details for

Marigin v. City of New York

Case Details

Full title:MOSHE MARIGIN, Respondent, v. CITY OF NEW YORK et al., Appellants

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 15, 1995

Citations

215 A.D.2d 539 (N.Y. App. Div. 1995)
626 N.Y.S.2d 503

Citing Cases

Rapps v. New York

nd that branch of the defendant's motion which was for summary judgment dismissing the complaint is denied.…

One Monroe Llc v. City of N.Y.

“In the exercise of its police powers [a] municipality may demolish a building without providing notice and…