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FALLS RIVERWAY REALTY v. CITY OF NIAGARA FALLS

No. 623, Docket 83-6275.

732 F.2d 38 (1984)

FALLS RIVERWAY REALTY, INC. and Forest City Development Corp., Plaintiffs-Appellants, v. The CITY OF NIAGARA FALLS, NEW YORK and Niagara Falls Urban Renewal Agency, Defendants and Third-Party Plaintiffs-Appellees. v. Samuel PIERCE, as Secretary of the United States Department of Housing and Urban Development and Joseph Monticciolo, as Regional Administrator, Region II, of the United States Department of Housing and Urban Development and Richard W. Lippold, as Buffalo Area Manager, Buffalo Area Office, Region II, of the United States Department of Housing and Urban Development, Third-Party Defendants.

United States Court of Appeals, Second Circuit.

Decided April 9, 1984.

Attorney(s) appearing for the Case

Philip S. Gellman, Niagara Falls, N.Y. (Gellman & Gellman, Niagara Falls, N.Y., of counsel), for plaintiffs-appellants.

Patrick Berrigan, Niagara Falls, N.Y., for defendant-third-party plaintiff-appellee, City of Niagara Falls, N.Y.

Blair & Roach, Buffalo, N.Y., for defendant-third-party plaintiff-appellee, Niagara Falls Urban Renewal Agency.

Before LUMBARD, MESKILL and PRATT, Circuit Judges.

GEORGE C. PRATT, Circuit Judge:

Plaintiffs Falls Riverway Realty, Inc. and Forest City Development Corp. appeal from a summary judgment of the United States District Court for the Western District of New York, Curtin, J., dismissing their complaint for damages resulting from loss of suitable street access to their property. Because the suitability of plaintiffs' access presents issues of fact under New York law, the judgment is reversed and the case remanded...

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