O'BRIEN v. CITY OF SYRACUSE


54 N.Y.2d 353 (1981)

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

Court of Appeals of the State of New York.

Decided November 19, 1981.


Attorney(s) appearing for the Case

Michael P. Oot for appellants.

David M. Garber, Corporation Counsel (James L. Gelormini of counsel), for respondents.

Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and MEYER concur.


Chief Judge COOKE.

A property owner who unsuccessfully asserts against a governmental entity a claim for de facto appropriation may not later bring another action for trespass in an attempt to recover damages for the same acts as those on which the first lawsuit was grounded. The order of the Appellate Division should be affirmed.

Plaintiffs owned property in an area of Syracuse subject to urban...

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