TEL OIL COMPANY, INC. v. CITY OF SCHENECTADY


303 A.D.2d 868 (2003)

757 N.Y.S.2d 121

TEL OIL COMPANY, INC., et al., Plaintiffs, v. CITY OF SCHENECTADY et al., Defendants. (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 R. FRANK et al., Appellant, v. CITY OF SCHENECTADY et al., Respondents. (Action No. 2.) CHRISTINE TISCIONE, Appellant, v. CITY OF SCHENECTADY et al., Respondents. (Action No. 3.) (And a Third-Party Action.) (And Two Other Related Actions.)

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

Decided March 13, 2003.


Peters, J.

Having previously reviewed the denial of certain defendants' motions for summary judgment (278 A.D.2d 571 [2000]), we assume familiarity with the facts of this case and recount only those relevant to the instant appeal. Tel Oil Company, Inc. operates a gas station in the City of Schenectady, Schenectady County, in front of a steep hillside owned by defendants City of Schenectady and Schenectady Urban Renewal Agency (hereinafter...

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