Legal Opinion

Allen v. Gouverneur Talc Co.

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

Decided February 5, 1998PublishedCited by 3 opinions

1Opinion of the CourtCrew Iii, J.

*692Appeal from an order of the Supreme Court (Demarest, J.), entered July 13, 1996 in St. Lawrence County, which denied defendant’s motion for summary judgment dismissing the complaint.

In 1947, R. T. Vanderbilt Company, Inc. acquired the exclusive right to prospect, quarry, mine, remove and sell any and all talc located on a 50-acre parcel known as the “Dominion Lot” in the Town of Fowler, St. Lawrence County. In 1953, plaintiffs acquired, in fee, a 1.46-acre parcel located within the Dominion Lot subject to the mineral rights granted to Vanderbilt. Defendant is a wholly owned subsidiary of…

2Cases cited5 opinions

  1. Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
  2. Genet v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1890
  3. Holt v. Southwest Antioch Sand Unit, Fifth EnlargedSupreme Court of Oklahoma · 1955
  4. Schlueter v. Shawnee Operating Co.New York Supreme Court · 1988
  5. King v. South Penn Oil Co.West Virginia Supreme Court · 1931

3Cited by3 opinions

  1. O'Brien v. GinterAppellate Division of the Supreme Court of the State of New York · 2002
  2. Drake v. FoxAppellate Division of the Supreme Court of the State of New York · 2010
  3. K. Petroleum, Inc. v. Lenape Gathering Corp.District Court, W.D. New York · 2022

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