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532 Madison Avenue Gourmet Foods Inc. v. Finlandia Center Inc.

Court of Appeals of the State of New York

750 N.E.2d 1097 (N.Y. 2001)

Relevant factsFree

After a building collapsed at 540 Madison Avenue, nearby businesses-including 532 Madison Avenue Gourmet Foods (plaintiff)-lost income because the area was inaccessible. They sued Finlandia Center Inc. (defendant), the building's owner, for public nuisance and negligence based on economic loss. The trial court dismissed the claims, but the appellate court reinstated the public-nuisance and negligence claims.

IssueFree

Whether a private individual may recover for economic loss caused by a public nuisance where the loss is of the same kind commonly suffered by other members of the community.

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