Legal Opinion

DiDonato v. Dyckman

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

Decided October 1, 2014No. 2012-09804PublishedCited by 5 opinions

1Opinion of the Court

In an action, inter alia, for a judgment declaring that the plaintiff has an exclusive easement over certain real property owned by the defendants and for injunctive relief, the defendants appeal from so much of an order of the Supreme Court, Putnam County (Nicolai, J.), dated August 10, 2012, as, sua sponte, declared that the plaintiff’s encroachments on the defendants’ property by trucks carrying fuel or other necessities are de minimis and that the defendants shall not interfere with the plaintiffs lawful use of the easement, including during such deliveries.

Ordered that on the Court’s own…

2Cases cited4 opinions

  1. Dunham v. Hilco Construction Co.New York Court of Appeals · 1996
  2. Quizhpe v. Luvin ConstructionAppellate Division of the Supreme Court of the State of New York · 2010
  3. Baron v. BrownAppellate Division of the Supreme Court of the State of New York · 2012
  4. Burstin v. Public Service Mutual InsuranceAppellate Division of the Supreme Court of the State of New York · 1983

3Cited by5 opinions

  1. People ex rel. Lucien v. Superintendent, Fishkill Corr. Facility, N.Y.S. DOCCSAppellate Division of the Supreme Court of the State of New York · 2021
  2. Matter of Ray C.Appellate Division of the Supreme Court of the State of New York · 2015
  3. City of New York v. QuadrozziAppellate Division of the Supreme Court of the State of New York · 2020
  4. Matter of Banks v. StanfordAppellate Division of the Supreme Court of the State of New York · 2018
  5. New York Tile Wholesale Corp. v. Thomas Fatato Realty Corp.Appellate Division of the Supreme Court of the State of New York · 2022

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