Legal Opinion

Birkholz v. Wells

Appellate Division of the Supreme Court of the State of New York

Decided May 4, 2000PublishedCited by 10 opinions

1Opinion of the CourtMercure, J.

Appeal from a judgment of the Supreme Court (Viscardi, J.), entered April 28, 1999 in Warren County, upon a decision of the court in favor of defendants.

Defendant Susan J. Wells and defendants Kenneth E. Gus-sow and Rochelle B. Gussow (hereinafter collectively referred to as defendants) own adjoining parcels of real property fronting on Monte Vista Drive in the Town of Warrensburg, Warren County. Their rear (east) property lines abut a parcel of land owned by plaintiffs. It is undisputed that for a number of years, defendants and the Gussows’ predecessors in title treated a portion of…

2Cases cited13 opinions

  1. Belotti v. . BickhardtNew York Court of Appeals · 1920
  2. Brand v. PrinceNew York Court of Appeals · 1974
  3. City of Tonawanda v. Ellicott Creek Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 1982
  4. Monnot v. . MurphyNew York Court of Appeals · 1913
  5. Barnes v. . LightNew York Court of Appeals · 1889

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3Cited by10 opinions

  1. Eddyville Corp. v. RelyeaAppellate Division of the Supreme Court of the State of New York · 2006
  2. Harbor Estates Ltd. Partnership v. MayAppellate Division of the Supreme Court of the State of New York · 2002
  3. Walling v. PrzybyloAppellate Division of the Supreme Court of the State of New York · 2005
  4. Wilcox v. McLeanAppellate Division of the Supreme Court of the State of New York · 2011
  5. Hammond v. BakerAppellate Division of the Supreme Court of the State of New York · 2011

5 more not listed; retrieve them via the Exa API.

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