TEL OIL COMPANY, INC. v. CITY OF SCHENECTADY


278 A.D.2d 571 (2000)

718 N.Y.S.2d 410

TEL OIL COMPANY, INC., et al., Respondents, v. CITY OF SCHENECTADY et al., Appellants. (Action No. 1.) JEAN A. FRANK, as Administrator of the Estate of THOMAS B. FRANK, Also Known as THOMAS S. FRANK, Deceased, and on Behalf of KATHERINE FRANK et al., Respondent, v. CITY OF SCHENECTADY et al., Defendants and Third-Party Plaintiffs-Appellants, SCHENECTADY MUNICIPAL HOUSING AUTHORITY, Appellant, et al., Defendant. BENNETT CONTRACTING, INC., et al., Third-Party Defendants-Appellants. (Action No. 2.) CHRISTINE TISCIONE, Respondent, v. CITY OF SCHENECTADY et al., Defendants and Third-Party Plaintiffs-Appellants, and SCHENECTADY MUNICIPAL HOUSING AUTHORITY, Appellant. BENNETT CONTRACTING, INC., et al., Third-Party Defendants-Appellants. (Action No. 3.) TRANSPORTATION INSURANCE COMPANY et al., Plaintiff, v. CITY OF SCHENECTADY et al., Appellants, et al., Defendant. (Action No. 4.) ALLSTATE INSURANCE COMPANY, Plaintiff, v. CITY OF SCHENECTADY et al., Appellants, et al., Defendant. (Action No. 5.)

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

Decided December 7, 2000.


Peters, J.

Tel Oil Company, Inc.1 operates a gas station at 585 Broadway in the City of Schenectady, Schenectady County, on property owned by LIAG Realty Corporation.2 Directly north of the gas station property is a steep wooded hillside. Along the eastern portion thereof, there exists an old abandoned cobblestone roadway, known as Old Veeder Road, that runs from...

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