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MAHONEY v. TOWN OF SANTA CLARA

89 A.D.2d 718 (1982)

Daniel H. Mahoney, Respondent, v. Town of Santa Clara, Defendant and Third-Party Plaintiff-Appellant, Robert Duley et al., Third-Party Defendants

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

July 22, 1982

After answering the complaint herein, which alleges causes of action for damages on account of the defendant town's negligence, culpable conduct and failure to enforce its Unsafe Buildings Ordinance, the town moved for summary judgment on the ground the complaint failed to state a viable cause of action. The action arose when plaintiff's summer cottage was damaged by a fire which started in the nearby (250 feet adjacent) Saranac Hotel while it was being demolished on June...

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