TUCKER v. CITY OF ALBANY DEPT. OF FIRE EMERGENCY & BLDG. SERVS.


57 A.D.3d 1078 (2008)

868 N.Y.S.2d 819

LISA TUCKER, Individually and as Parent and Guardian of BIANCA TUCKER, an Infant, Appellant, v. CITY OF ALBANY DEPARTMENT OF FIRE EMERGENCY AND BUILDING SERVICES, Respondent.

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

December 4, 2008.


Mercure, J.P.

Plaintiff is the owner of a two-family home located in the City of Albany. One evening in June 2003, after hearing a loud noise, plaintiff discovered that a portion of the home's foundation had collapsed. She then contacted a friend, who called 911 and summoned defendant to the home. After determining that the home was in danger of imminent collapse and a threat to the public safety, defendant ordered that it be demolished the following morning. Plaintiff...

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