Porcaro v. Town of Beekman
Cases that cite this one
5 later published cases cite this decision.
- Varricchio v. County of Nassau (District Court, E.D. New York 2010)
- Harrington v. County of Suffolk (Appellate Division of the Supreme Court of New York 2013)
- Harrington v. County of Suffolk (Appellate Division of the Supreme Court of New York 2013)
- Greco v. Incorporated Village of Freeport (Appellate Division of the Supreme Court of New York 2009)
- Palagashvili v. City of New York (Appellate Division of the Supreme Court of New York 2006)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
In an action, inter alia, to recover damages for failure to repair certain sewage facilities, and for injunctive relief, the plaintiffs appeal from so much of an order of the Supreme Court, Dutchess County (Pagones, J.), dated December 5, 2003, as granted the motion of the defendant Town of Beekman pursuant to CPLR 3211 (a) (5) and (7) to dismiss the complaint insofar as asserted against it, and denied their cross motion for leave to serve a late notice of claim.
Ordered that the order is affirmed insofar as appealed from, with costs.
As to the plaintiffs’ second cause of action regarding improper sewer rents, the complaint, affidavits, and documentary evidence are devoid of factual allegations sufficient to state a cause of action (see CPLR 3211 [a] [7]).
The plaintiffs’ remaining contentions are without merit. Florio, J.E, Krausman, Goldstein and Mastro, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.