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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)
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- 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.
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- 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:
This “case” was in reality involved multiple cases arising from two events.
The first event, in New York City, was the collapse of the south fall of 540 Madison Avenue, that was part of a 39-story office tower partially collapsed and bricks, mortar and other material falling onto Madison Avenue at 55th Street, a prime commercial location crammed with stores and skyscrapers. The collapse occurred after a construction project aggravated existing structural defects. New York City officials directed the closure of 15 heavily trafficked blocks on Madison Avenue as well as adjacent side streets. The closure lasted for approximately two weeks, but some businesses nearest to 540 Madison remained closed for a longer period. The plaintiffs alleged that shoppers and others were unable to gain access to their stores because of Madison Avenue’s closure. These cases would go on to be known as 532 Madison and 5th Ave. Chocolatiere.
The second event, also in New York City, involved the collapse of a 48-story construction elevator tower in the hear of Times Square. Immediately after the accident, the City prohibited all traffic in a wide area of midtown Manhattan and also evacuated nearby buildings for varying time periods. Plaintiffs alleged that the event caused them to suffer economic losses from either closing their businesses or evacuating their homes. The case would go on to be known as Goldberg Weprin.
- Issue(s): Lists the Questions of Law that are raised by the Facts of the case.
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- 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.