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Torts keyed to Best
532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc.
Citation:
750 N.E.2d 1097 (N.Y. 2001)Only StudyBuddy Pro offers the complete Case Brief Anatomy*
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*Case Brief Anatomy includes: Brief Prologue, Complete Case Brief, Brief Epilogue
- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
- Case Doctrines, Acts, Statutes, Amendments and Treatises: Identifies and Defines Legal Authority used in this case.
- The Case Brief is the complete case summarized and authored in the traditional Law School I.R.A.C. format. The Pro case brief includes:
- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
On December 7, 1997, a section of the south wall of the 39-story office-building located at 540 Madison Avenue in New York City partially collapsed, throwing bricks, mortar, and other debris onto Madison Avenue. The collapse occured after a construction project in the building, which included adding 94 windows, aggravated pre-existing strucural problems. New York City officials ordered the 15 blocks between 42nd street and 57th street of Madison Avenue, Park Avenue, and 5th Avenue be shut down for approximately two weeks. Some businesses closest to the collapse were shuttered for longer. The plaintiff 532 Madison Avenue Gourment Foods was closed for five weeks.
Many of the businesses within that radius lost customers and income for the time of the shut down. Some of those businesses, including 532 Madison Avenue Gourmet Foods and 5th Avenue Chololatiere filed lawsuits against the owner of the collapsed building, the ground-floor tenant of the collapsed building, and the property management company for the collapsed building. Each suit alleged the defendant property owner et al., were responsible for the economic losses suffered by the closed businesses because the closures were a result of actions taken by those defendants in renovating their building.
The facts of the third plaintiff discussed in this case is similar. Following the July 21, 1998 collapse of a 48-story construction elevator on West 43rd Street between 6th and 7th Avenues, the immediately surrounding streets were evacuated and remained closed to traffic for varying times. Goldberg, Weprin, & Ustin filed suit on behalf of themselves and other similarly situated businesses who lost income as a result of the closures.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
- Holding: Shares the Court's answer to the legal questions raised in the issue.
- Concurring / Dissenting Opinions: Includes valuable concurring or dissenting opinions and their key points.
- Reasoning and Analysis: Identifies the chain of argument(s) which led the judges to rule as they did.
- The Brief Prologue closes the case brief with important forward-looking discussion and includes:
- Policy: Identifies the Policy if any that has been established by the case.
- Court Direction: Shares where the Court went from here for this case.
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