Clements v. Schultz
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Davis, J.
The principal issue presented on this appeal is whether plaintiff’s deed created an easement that is enforceable against defendants. For the reasons that follow, we conclude that plaintiff’s deed created an easement but that the facts necessary to decide whether it is enforceable against defendants are not ascertainable from this record. Further, we are asked to determine whether Supreme Court properly concluded that defendants may not unilaterally relocate that easement and that a hearing was required to determine the exact location and dimensions of the easement…
2Cases cited13 opinions
- Williamson v. . BrownNew York Court of Appeals · 1857
- Witter v. TaggartNew York Court of Appeals · 1991
- Matter of Durr v. Paragon Trading Corp.New York Court of Appeals · 1936
- St. Lawrence University v. Trustees of the Theological School of St. Lawrence UniversityNew York Court of Appeals · 1967
- Dowd v. AhrNew York Court of Appeals · 1991
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3Cited by13 opinions
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