Legal Opinion

Menkes v. Phillips

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

Decided March 20, 2012PublishedCited by 6 opinions

1Opinion of the Court

In an action for ejectment from real property and ancillary relief, the plaintiff appeals from an order of the Supreme Court, Westchester County (Smith, J), dated July 11, 2011, which denied her motion for summary judgment on the issue of liability.

Ordered that the order is affirmed, without costs or disbursements.

The plaintiff is the nonresident owner of residential property in Mount Vernon. In 2009, she commenced this action for ejectment and ancillary relief against the owner of the neighboring lot, alleging that his driveway along their common border encroaches on her property and…

2Cases cited6 opinions

  1. Alvarez v. Prospect HospitalNew York Court of Appeals · 1986
  2. Winegrad v. New York University Medical CenterNew York Court of Appeals · 1985
  3. Zeltser v. SacerdoteAppellate Division of the Supreme Court of the State of New York · 2008
  4. Curwin v. Verizon CommunicationsAppellate Division of the Supreme Court of the State of New York · 2006
  5. Blumenfeld v. DeLucaAppellate Division of the Supreme Court of the State of New York · 2005

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3Cited by6 opinions

  1. City of New York v. Prudenti's Rest. on the Riv., Inc.Appellate Division of the Supreme Court of the State of New York · 2022
  2. Hogan v. Lewis County, New YorkDistrict Court, N.D. New York · 2020
  3. Semel v. KubaliAppellate Division of the Supreme Court of the State of New York · 2013
  4. Semel v. KubaliAppellate Division of the Supreme Court of the State of New York · 2013
  5. Spatafore v. U.S. Bank Trust N.A.Appellate Division of the Supreme Court of the State of New York · 2024

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

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