Legal Opinion
O'Hara v. Wallace
New York Supreme Court
Decided July 8, 1975PublishedCited by 10 opinions
1Opinion of the CourtLeon D. Lazer, J.
May a lot owner’s right of egress and ingress over an undedicated street on a filed map be extinguished by adverse possession? The issue is posed in this action in which plaintiffs seek a declaration of their rights to utilize a Fire Island walkway obstructed by the defendant whose possession allegedly has continued for the required statutory period.
The contesting parties are the fee owners of certain lots on the map of Corneille Estates, a 150-lot subdivision plat which was filed in 1905. In the deeds by which defendant acquired his lots between 1952 and 1957 and plaintiffs obtained theirs…
2Cases cited38 opinions
- Belotti v. . BickhardtNew York Court of Appeals · 1920
- Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
- Lewis v. . New York Harlem R.R. Co.New York Court of Appeals · 1900
- White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
- Reis v. . City of New YorkNew York Court of Appeals · 1907
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3Cited by10 opinions
- Castle Associates v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1978
- Fischer v. LiebmanAppellate Division of the Supreme Court of the State of New York · 1988
- Rice v. RandolphCourt of Appeals of North Carolina · 1989
- 487 Elmwood, Inc. v. HassettAppellate Division of the Supreme Court of the State of New York · 1981
- Guardino v. ColangeloAppellate Division of the Supreme Court of the State of New York · 1999
5 more not listed; retrieve them via the Exa API.