Legal Opinion
Bouton v. Williams
Appellate Division of the Supreme Court of the State of New York
Decided July 19, 2007PublishedCited by 5 opinions
1Opinion of the CourtRose, J.
Appeal from an order of the Supreme Court (Work, J.), entered August 16, 2006 in Ulster County, which granted plaintiffs’ motion for summary judgment.
Plaintiffs’ parcel of land is accessible from a public road by traversing a “woods road” (hereinafter the roadway) across an adjoining parcel of land owned by defendant. After defendant denied them access in 2005, plaintiffs commenced this action to establish that they have acquired a prescriptive easement over the roadway. When Supreme Court granted plaintiffs’ motion for summary judgment, this appeal ensued and we now reverse.
To establish a…
2Cases cited6 opinions
- Alexy v. SalvadorAppellate Division of the Supreme Court of the State of New York · 1995
- Beretz v. DiehlAppellate Division of the Supreme Court of the State of New York · 2003
- Cole v. RotheAppellate Division of the Supreme Court of the State of New York · 2005
- Caswell v. BisnettAppellate Division of the Supreme Court of the State of New York · 1975
- Goldstein v. JonesAppellate Division of the Supreme Court of the State of New York · 2006
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3Cited by5 opinions
- State v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2007
- Lew Beach Co. v. CarlsonAppellate Division of the Supreme Court of the State of New York · 2010
- Koepp v. HollandDistrict Court, N.D. New York · 2010
- Weir v. GibbsAppellate Division of the Supreme Court of the State of New York · 2007
- Nixon v. MorrisAppellate Division of the Supreme Court of the State of New York · 2012