Legal Opinion

Oliphant v. McCarthy

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

Decided October 20, 1994PublishedCited by 13 opinions

1Opinion of the CourtMikoll, J.

Appeal from a judgment of the Supreme Court (Smyk, J.), entered April 15, 1993 in Broome County, which, inter alia, granted a motion by defendants Michael McCarthy and Catherine McCarthy for summary judgment and made a declaration in their favor.

Plaintiffs brought this RPAPL article 15 action in June 1991 seeking (1) a declaration that they are entitled to a 50-foot-wide easement across an area described as Panorama Drive in a subdivision map filed in 1961 depicting the Stever North Tract Subdivision located in the Town of Chenango, Broome County, (2) to enjoin defendants Michael J. McCarthy…

2Cases cited8 opinions

  1. Fischer v. LiebmanAppellate Division of the Supreme Court of the State of New York · 1988
  2. Brigss v. Di DonnaAppellate Division of the Supreme Court of the State of New York · 1991
  3. De Ruscio v. JacksonAppellate Division of the Supreme Court of the State of New York · 1991
  4. Town of Ulster v. MassaAppellate Division of the Supreme Court of the State of New York · 1988
  5. Oneida County Mobile Home Sales, Inc. v. Niagara Mohawk Power Corp.New York Court of Appeals · 1979

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

3Cited by13 opinions

  1. Corrarino v. ByrnesAppellate Division of the Supreme Court of the State of New York · 2007
  2. Sloan v. Sarah Rhodes, LLCSupreme Court of Georgia · 2002
  3. Wilson v. PalmerAppellate Division of the Supreme Court of the State of New York · 1996
  4. Bloomingdales, Inc. v. New York City Transit AuthorityAppellate Division of the Supreme Court of the State of New York · 2008
  5. Cashman v. ShutterAppellate Division of the Supreme Court of the State of New York · 1996

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

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