Legal Opinion

Serbalik v. Gray

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

Decided June 26, 1997PublishedCited by 6 opinions

1Opinion of the CourtPeters, J.

Appeal from an order of the Supreme Court (Dier, J.), entered August 2, 1996 in Warren County, which, inter alia, denied plaintiffs motion for a preliminary injunction.

Plaintiff and defendant are adjoining landowners in the Town of Queensbury, Warren County. Plaintiff purchased his property as a summer home in 1971 and defendant purchased her property for year-round use in 1991. Since plaintiffs property is landlocked from the nearest road by defendant’s property, both deeds specify that plaintiff holds "a right of way two rods1 wide along the shore of the aforesaid swamp to the highway,…

2Cases cited5 opinions

  1. Doe v. AxelrodNew York Court of Appeals · 1988
  2. Herman v. . RobertsNew York Court of Appeals · 1890
  3. Van Gorder v. Masterplanned, Inc.New York Court of Appeals · 1991
  4. Esposito v. StacklerAppellate Division of the Supreme Court of the State of New York · 1990
  5. Fairfield Properties, Inc. v. PepeAppellate Division of the Supreme Court of the State of New York · 1977

3Cited by6 opinions

  1. Hopper v. FrieryAppellate Division of the Supreme Court of the State of New York · 1999
  2. Gray v. SerbalikAppellate Division of the Supreme Court of the State of New York · 1999
  3. B.J. 96 Corp. v. MesterAppellate Division of the Supreme Court of the State of New York · 1999
  4. Gray v. SerbalikAppellate Division of the Supreme Court of the State of New York · 1999
  5. Serbalik v. GrayAppellate Division of the Supreme Court of the State of New York · 2000

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