Legal Opinion

Plattekill Mountain Ski Chalet, LLC v. Ski Plattekill, Inc.

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

Decided November 1, 2012Published

1Opinion of the Court

Rose, J.P.

Appeal from a judgment of the Supreme Court (Lambert, J), entered February 16, 2012 in Delaware County, which granted plaintiff’s motion for summary judgment permanently enjoining defendant’s interference with plaintiff’s use of a certain easement.

Plaintiff owns a parcel of real property located within a ski area owned by defendant in the Town of Roxbury, Delaware County. Plaintiffs only means of accessing its parcel is over a right-of-way (hereinafter ROW) running through defendant’s surrounding land. After disputes arose between the parties as to the location and scope of the ROW…

2Cases cited11 opinions

  1. Spiegel v. FerraroNew York Court of Appeals · 1989
  2. Ioele v. Wal-Mart Stores, Inc.Appellate Division of the Supreme Court of the State of New York · 2002
  3. Ticor Title Guarantee Co. v. BajraktariAppellate Division of the Supreme Court of the State of New York · 1999
  4. Samuels v. Montefiore Medical CenterAppellate Division of the Supreme Court of the State of New York · 2008
  5. Gold v. Di CerboAppellate Division of the Supreme Court of the State of New York · 2007

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