Legal Opinion
Will v. Gates
New York Court of Appeals
Decided May 13, 1997PublishedCited by 43 opinions
1Opinion of the Court
OPINION OF THE COURT
Ciparick, J.
Plaintiffs brought a declaratory judgment action seeking access to a right-of-way over defendants’ properties. Supreme Court granted summary judgment in defendants’ favor on the grounds of adverse possession and abandonment. The Appellate Division affirmed on the ground that any easement right plaintiffs might have had was extinguished by merger and did not reach the issues of adverse possession and abandonment. Because, on this record, defendants failed to make a sufficient showing to warrant summary judgment, we reverse.
This case involves the use of a…
2Cases cited6 opinions
- Huggins v. Castle Estates Inc.New York Court of Appeals · 1975
- Gerbig v. ZumpanoNew York Court of Appeals · 1960
- Western Union Telegraph Co. v. ShepardNew York Court of Appeals · 1901
- Tabor v. . BradleyNew York Court of Appeals · 1858
- Weil v. Atlantic Beach Holding Corp.New York Court of Appeals · 1956
1 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Teal Trading & Development, LP v. Champee Springs Ranches Property Owners Ass'nCourt of Appeals of Texas · 2017
- Spier v. HorowitzAppellate Division of the Supreme Court of the State of New York · 2005
- Brush Creek Airport, L.L.C. v. Avion Park, L.L.C.Colorado Court of Appeals · 2002
- New York City Council v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2004
- Dewey v. GardnerAppellate Division of the Supreme Court of the State of New York · 1998
38 more not listed; retrieve them via the Exa API.