532 Madison Avenue Gourmet Foods, Inc. v. Finlandia Center, Inc.
Court of Appeals of New York
750 N.E.2d 1097 (2001)
This represents a collection of three separate appeals stemming from the collapse of two separate buildings. The first building collapsed at 540 Madison Avenue at 55th Street. Numerous surrounding businesses were required to close, including 532 Madison Avenue Gourmet Foods (532 Madison) (plaintiff) and 5th Avenue Chocolatiere (Chocolatiere) (plaintiff). Both businesses brought suit among several defendants associated with the building, including Finlandia Center, Inc. (Finlandia) (defendant), owner of the building. The businesses alleged that as a result of the public nuisance created by Finlandia, they suffered economic harm due to the inaccessibility of their stores to customers for approximately five weeks. In a separate incident, Goldberg Weprin & Ustin (Goldberg) (plaintiff) brought a public nuisance suit against Tishman Construction (Tishman) (defendant) after a construction elevator tower collapsed in Times Square. The trial court dismissed all three cases, and all plaintiffs appealed. The appellate court affirmed the dismissal of Goldberg’s suit but reinstated the public nuisance and negligence claims of 532 Madison and Chocolatiere based on economic loss suffered by the companies. The cases were appealed.
Rule of Law
Holding and Reasoning (Kaye, C.J.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 707,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.Unlock this case briefRead our student testimonials
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.Learn about our approachRead more about Quimbee
Here's why 707,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 44,500 briefs, keyed to 983 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.