Legal Opinion

Fizzinoglia v. Town of Austerlitz

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

Decided April 26, 2012PublishedCited by 6 opinions

1Opinion of the Court

Rose, J.P.

Appeals from an order of the Supreme Court (Mc-Grath, J.), entered,February 3, 2011 in Columbia County, which granted third-party defendant Asbjorn Lunde’s motion for summary judgment dismissing the third-party complaints against him.

Plaintiffs own a parcel of property containing a seven-acre pond on Dugway Road in the Town of Austerlitz, Columbia County. Directly across Dugway Road from plaintiffs’ property are three parcels of property that are accessed by a private road known as Blueberry Lane. Defendant Dorothy Bakker owns Blueberry Lane. Defendants Charles W Schroth and Carolyn…

2Cases cited5 opinions

  1. Zuckerman v. City of New YorkNew York Court of Appeals · 1980
  2. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  3. Fetter v. DeCampAppellate Division of the Supreme Court of the State of New York · 1993
  4. Marrero v. MarsicoAppellate Division of the Supreme Court of the State of New York · 1996
  5. Quinn v. DepewAppellate Division of the Supreme Court of the State of New York · 2009

3Cited by6 opinions

  1. Davis v. AngiolettiAppellate Division of the Supreme Court of the State of New York · 2023
  2. Davis v. AngiolettiAppellate Division of the Supreme Court of the State of New York · 2023
  3. Fizzinoglia v. Town of AusterlitzAppellate Division of the Supreme Court of the State of New York · 2012
  4. Fizzinoglia v. Town of AusterlitzAppellate Division of the Supreme Court of the State of New York · 2012
  5. Kenneths Fine Repairs, LLC v. StateAppellate Division of the Supreme Court of the State of New York · 2015

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