MTR. JEWETT v. LUAU-NYACK CORP.


31 N.Y.2d 298 (1972)

In the Matter of R. W. D. Jewett et al., Constituting the Board of Trustees of the Village of Upper Nyack, Respondents, v. Luau-Nyack Corp., Defendant. Jerome Trachtenberg, as Executor of Benjamin Levison, Deceased, Intervenor-Appellant.

Court of Appeals of the State of New York.

Decided November 2, 1972.


Attorney(s) appearing for the Case

John J. Finn for intervenor-appellant.

Lynne A. Warren for respondents.

Chief Judge FULD and Judges BURKE, SCILEPPI, BERGAN, JASEN and GIBSON concur.


BREITEL, J.

In a proceeding by a village to declare a partially destroyed building a nuisance and to order its removal, intervenor, executor of the estate of the mortgagee in possession, appeals. The issue is whether section 89 (subd. 7-a) of the Village Law providing for removal of unsafe buildings is self-executing without a general ordinance having been enacted to implement its provisions. If so, the further...

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