Legal Opinion

Patel v. Garden Homes Management Corp.

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

Decided December 20, 2017No. 2015-05962PublishedCited by 6 opinions

1Opinion of the Court

In an action to recover damages for trespass and for injunc-tive relief (Action No. 1), and a related action for a declaratory judgment (Action No. 2), which were joined for trial, Dahyabhai Patel and Chandrika Patel appeal from a judgment of the Supreme Court, Dutchess County (Sproat, J.), dated March 12, 2015, which, after a nonjury trial, is in favor of the defendants in Action No. 1 and against them dismissing the complaint in Action No. 1, and in favor of the plaintiff in Action No. 2 and against them declaring that the plaintiff in Action No. 2 has a prescriptive easement over certain…

2Cases cited13 opinions

  1. Northern Westchester Professional Park Associates v. Town of BedfordNew York Court of Appeals · 1983
  2. Prentice v. . GeigerNew York Court of Appeals · 1878
  3. Kaplan v. Incorporated VillageAppellate Division of the Supreme Court of the State of New York · 2004
  4. Zimmerman v. CarmackAppellate Division of the Supreme Court of the State of New York · 2002
  5. 315 Main Street Poughkeepsie, LLC v. WA 319 Main, LLCAppellate Division of the Supreme Court of the State of New York · 2009

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3Cited by6 opinions

  1. Panday v. AllenAppellate Division of the Supreme Court of the State of New York · 2020
  2. Bolognese v. BantisAppellate Division of the Supreme Court of the State of New York · 2023
  3. Ciringione v. RyanAppellate Division of the Supreme Court of the State of New York · 2018
  4. DiDonato v. DyckmanAppellate Division of the Supreme Court of the State of New York · 2018
  5. Dias v. Town of UlsterAppellate Division of the Supreme Court of the State of New York · 2025

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