Giardina v. Parkview Court Homeowners Association Inc. - Supreme Court of New York

Giardina v. Parkview Court Homeowners Association Inc.

By Supreme Court of New York

  • Release Date: 1998-11-13
  • Genre: Law
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— Order unanimously affirmed without costs. Memorandum: Supreme Court properly denied the motion of defendant Parkview Court Homeowners Association, Inc. to dismiss the complaint against it and the motion of defendants Robert Carney, a/k/a Robert Cramer, and Claire Carney, a/k/a Claire Cramer, and the cross motion of third-party defendant O.M. Scott & Sons Company (O.M. Scott) for summary judgment dismissing the complaint against the Carneys. CPLR 214-c may not be invoked to bar plaintiffs action based upon Robert Carneys alleged trespass on plaintiffs property on April 11, 1988. Plaintiffs action based upon that trespass was timely commenced, and plaintiff is entitled to recover damages for any injuries that she can prove were attributable to that trespass.
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