Briggs v. Chapman, No. 503966

CourtNew York Supreme Court Appellate Division
Writing for the CourtKavanagh
Citation863 N.Y.S.2d 97,2008 NY Slip Op 6335,53 A.D.3d 900
Docket NumberNo. 503966
Decision Date17 July 2008
PartiesJOHN BRIGGS et al., Respondents, v. ANDREW J. CHAPMAN et al., Defendants, and ALPHA & OMEGA OUTFITTERS, LLC, Appellant.
53 A.D.3d 900
863 N.Y.S.2d 97
2008 NY Slip Op 6335
JOHN BRIGGS et al., Respondents,
v.
ANDREW J. CHAPMAN et al., Defendants, and
ALPHA & OMEGA OUTFITTERS, LLC, Appellant.
No. 503966
Appellate Division of the Supreme Court of the State of New York, Third Department.
Decided July 17, 2008.

Appeal from an order of the Supreme Court (Demarest, J.), entered June 22, 2007 in St. Lawrence County, which granted plaintiffs' motion for summary judgment.

Kavanagh, J.


In 1972, defendants Andrew J. Chapman and Thelma Chapman obtained a permit from the Department of Environmental Conservation for the reconstruction of a dam on their property, located on Grass Lake in the Town of Rossie, St. Lawrence County. Plaintiffs, owners of real property along Grass Lake, commenced this action in November 2004, alleging that the Chapmans violated the terms of their permit by the way they constructed this dam and have, as a result, negligently or deliberately obstructed the flow of water into the lake, raising

53 A.D.3d 901

the water level and causing flooding to plaintiffs' properties. By order entered in April 2005, Supreme Court granted plaintiffs' motion for summary judgment on the issue of liability finding that there was "ample proof ... that [the Chapmans] have no right to flood [plaintiffs' properties] above the permit[ted level]." This Court affirmed that order (30 AD3d 923 [2006]).

In March 2006, Thelma Chapman executed a quit claim deed transferring title of the Chapmans' property to defendant Alpha & Omega Outfitters, LLC (hereinafter defendant) and plaintiffs, thereafter, amended their complaint to add defendant as a party. As a result of defendant's expressed belief that it had a right to raise the level of the lake above the permitted elevation of 323.75 feet, plaintiffs again moved for summary judgment on the issue of liability. Defendant argued that it was not bound by Supreme Court's prior order, the motion for summary judgment was premature and issues of fact existed that precluded summary judgment. Supreme Court granted summary judgment on the issue of liability in plaintiffs' favor, finding that defendant "derive[d its] title from the prior owner," and that it had already ruled that the Chapmans did not have the right to raise the level of the lake above the limit set by the Department of Environmental Conservation permit. Defendant now appeals.

Defendant is bound by Supreme Court's prior order granting summary judgment on the issue of...

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15 practice notes
  • Town of N. Elba v. Grimditch, 520007
    • United States
    • New York Supreme Court Appellate Division
    • 2 Julio 2015
    ...holding as to the applicability of the LUC, they are precluded from doing so under the law of the case doctrine (see Briggs v. Chapman, 53 A.D.3d 900, 901, 863 N.Y.S.2d 97 [2008] ; Beneke v. Town of Santa Clara, 45 A.D.3d 1164, 1165, 846 N.Y.S.2d 681 [2007], lv. denied 10 N.Y.3d 706, 857 N.......
  • Town of Verona v. Cuomo, No. 4624–13.
    • United States
    • United States State Supreme Court (New York)
    • 27 Junio 2014
    ...an issue decided in an ongoing action where there previously was a full and fair opportunity to address the issue' “ (Briggs v. Chapman, 53 A.D.3d 900, 863 N.Y.S.2d 97 [3rd Dept., 2008], at 901, quoting Town of Massena v. Healthcare Underwriters Mut. Ins. Co., 40 A.D.3d 1177, 1179 [2007], a......
  • Thompson v. Glob. Contact Servs., 20-CV-651 (MKB)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 4 Agosto 2021
    ...and attorneys” when the conduct arose “out of the same dispute that gave rise to the [previously litigated] claims”); Briggs v. Chapman, 863 N.Y.S.2d 97, 99 (App. Div. 2008) (finding privity between the corporate defendant and parties who are “officers, shareholders and/or owners of [d]efen......
  • Sutton v. Burdick
    • United States
    • New York Supreme Court Appellate Division
    • 7 Enero 2016
    ...(Town of Massena v. Healthcare Underwriters Mut. Ins. Co., 40 A.D.3d 1177, 1179, 834 N.Y.S.2d 736 [2007] ; accord Briggs v. Chapman, 53 A.D.3d 900, 901, 863 N.Y.S.2d 97 [2008] ). Further, as the 1997 agreement had no probative value in resolving issues related to the dissolution of the enti......
  • Request a trial to view additional results
15 cases
  • Town of N. Elba v. Grimditch, 520007
    • United States
    • New York Supreme Court Appellate Division
    • 2 Julio 2015
    ...holding as to the applicability of the LUC, they are precluded from doing so under the law of the case doctrine (see Briggs v. Chapman, 53 A.D.3d 900, 901, 863 N.Y.S.2d 97 [2008] ; Beneke v. Town of Santa Clara, 45 A.D.3d 1164, 1165, 846 N.Y.S.2d 681 [2007], lv. denied 10 N.Y.3d 706, 857 N.......
  • Town of Verona v. Cuomo, No. 4624–13.
    • United States
    • United States State Supreme Court (New York)
    • 27 Junio 2014
    ...an issue decided in an ongoing action where there previously was a full and fair opportunity to address the issue' “ (Briggs v. Chapman, 53 A.D.3d 900, 863 N.Y.S.2d 97 [3rd Dept., 2008], at 901, quoting Town of Massena v. Healthcare Underwriters Mut. Ins. Co., 40 A.D.3d 1177, 1179 [2007], a......
  • Thompson v. Glob. Contact Servs., 20-CV-651 (MKB)
    • United States
    • United States District Courts. 2nd Circuit. United States District Court (Eastern District of New York)
    • 4 Agosto 2021
    ...and attorneys” when the conduct arose “out of the same dispute that gave rise to the [previously litigated] claims”); Briggs v. Chapman, 863 N.Y.S.2d 97, 99 (App. Div. 2008) (finding privity between the corporate defendant and parties who are “officers, shareholders and/or owners of [d]efen......
  • Sutton v. Burdick
    • United States
    • New York Supreme Court Appellate Division
    • 7 Enero 2016
    ...(Town of Massena v. Healthcare Underwriters Mut. Ins. Co., 40 A.D.3d 1177, 1179, 834 N.Y.S.2d 736 [2007] ; accord Briggs v. Chapman, 53 A.D.3d 900, 901, 863 N.Y.S.2d 97 [2008] ). Further, as the 1997 agreement had no probative value in resolving issues related to the dissolution of the enti......
  • Request a trial to view additional results

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