Legal Opinion

Fiebelkorn v. Rogacki

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

Decided March 5, 1952PublishedCited by 29 opinions

1Opinion of the CourtPiper, J.

We agree with the trier of the fact that the Town of Lancaster had not officially accepted the strip of land known as Walter Avenue as a public highway and that appellants failed to establish that it had become a public highway by user. We think, however, that the judgment must be reversed on other grounds.

While the Bellevue Land and Improvement Company did not .have title to the premises in question at the time the subdivision map was filed, it reacquired title by referee’s deed on the foreclosure of the mortgage, which deed referred to the map, and it adopted and recognized the map in its…

2Cases cited16 opinions

  1. Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
  2. White's Bank of Buffalo v. . NicholsNew York Court of Appeals · 1876
  3. Lord v. . AtkinsNew York Court of Appeals · 1893
  4. Matter of City of N.Y. (Northern Blvd.)New York Court of Appeals · 1932
  5. Haberman v. . BakerNew York Court of Appeals · 1891

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3Cited by29 opinions

  1. Gerbig v. ZumpanoNew York Court of Appeals · 1960
  2. Loveladies Property Owners Ass'n, Inc. v. BARNEGAT CITY, ETC., CO.New Jersey Superior Court Appellate Division · 1960
  3. Ken Mar Development, Inc. v. Department of Public WorksAppellate Division of the Supreme Court of the State of New York · 2008
  4. O'Hara v. WallaceAppellate Division of the Supreme Court of the State of New York · 1976
  5. B.J. 96 Corp. v. MesterAppellate Division of the Supreme Court of the State of New York · 1995

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

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