FETSCH v. VILL. OF SANDS POINT


7 A.D.2d 1003 (1959)

Marie L. Fetsch et al., Respondents, v. Village of Sands Point et al., Appellants

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 9, 1959


Orders affirmed, with one bill of $10 costs and disbursements.

The first cause of action sufficiently alleges a cause of action for prima facie tort. The allegation that appellants' acts caused respondents to incur legal expenses is an allegation of temporal damage. The second cause of action sufficiently alleges a cause of action to enjoin the condemnation in that it is claimed that the purpose of the condemnation was primarily private and only incidentally public...

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