(Download) "Mortimer J. Mahoney Et Al. v. Patricia Ogden" by Supreme Court of New York * Book PDF Kindle ePub Free
eBook details
- Title: Mortimer J. Mahoney Et Al. v. Patricia Ogden
- Author : Supreme Court of New York
- Release Date : January 19, 1958
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 65 KB
Description
[6 A.D.2d 711 Page 711] In an action to abate a nuisance, to recover money damages, and for other relief, the appeal is from so much of an order
as granted respondent's motion to strike from the complaint a paragraph alleging the assignment to appellants of their vendors'
right to damages arising out of the nuisance. Order modified (1) by striking from the first ordering paragraph the words "granted
as herein provided, and it is further" and by substituting therefor the words "denied in all respects", and (2) by striking
from said order the second ordering paragraph. As so modified, order insofar as appealed from affirmed, with $10 costs and
disbursements to appellants, with leave to respondent to serve an answer to the complaint within 10 days after the entry of
the order hereon, if she be so advised. Appellants allege that they seek money damages for "reduction in the market value
of the premises", that is, for injury to the fee. Appellants' vendors never had a right of action for such permanent injury
and consequently no right to such damages could accrue to appellants by virture of the assignment from their vendors (Pappenheim
v. Metropolitan El. Ry. Co., 128 N. Y. 436). However, [6 A.D.2d 711 Page 712]
 "Mortimer J. Mahoney Et Al. v. Patricia Ogden" by Supreme Court of New York * Book PDF Kindle ePub Free){kind=link}