O'BRIEN v. CITY OF SYRACUSE


79 A.D.2d 874 (1980)

Howard J. O'Brien, Jr., as Executor of Howard J. O'Brien, Deceased, et al., Respondents, v. City of Syracuse et al., Appellants

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

December 23, 1980


Orders unanimously reversed, without costs, motion granted and complaint dismissed.

Memorandum:

In 1975, alleging a de facto taking of his real property, respondent brought an action seeking condemnation damages in the amount of one million dollars. At the close of respondent's case the Trial Judge granted a motion to dismiss the complaint for failure to state a cause of action. This judgment was affirmed on...

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