From Casetext: Smarter Legal Research

Fine v. Town of Hempstead

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1993
199 A.D.2d 300 (N.Y. App. Div. 1993)

Opinion

December 13, 1993

Appeal from the Supreme Court, Nassau County (Roncallo, J.).


Ordered that the order is reversed, on the law, with costs, the motion is granted, and the third-party complaint is dismissed.

The third-party defendant is a former owner of the property in question. When he owned the property, the Zoning Board of Appeals of the Incorporated Village of Hewlett Bay granted him a side-yard variance on condition that he hold certain municipalities harmless for damages caused by them during the exercise of their easement rights to maintain drains under the surface of the property. The Zoning Board was without authority to require, as a condition of granting a side-yard variance, that the third-party defendant enter into such an agreement, since that condition was not related to the subject of the variance application (see, St. Onge v Donovan, 71 N.Y.2d 507, 516). Moreover, on this record, the third-party complaint, as amended, fails to state a viable cause of action for indemnification pursuant to that agreement (see, CPLR 3211 [a] [7]; Hooper Assocs. v AGS Computers, 74 N.Y.2d 487, 491). Accordingly, the third-party complaint is dismissed. Rosenblatt, J.P., Miller, Lawrence and Pizzuto, JJ., concur.


Summaries of

Fine v. Town of Hempstead

Appellate Division of the Supreme Court of New York, Second Department
Dec 13, 1993
199 A.D.2d 300 (N.Y. App. Div. 1993)
Case details for

Fine v. Town of Hempstead

Case Details

Full title:RALPH FINE et al., Plaintiffs, v. TOWN OF HEMPSTEAD, Defendant and…

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

Date published: Dec 13, 1993

Citations

199 A.D.2d 300 (N.Y. App. Div. 1993)
605 N.Y.S.2d 302