Legal Opinion
New York State Electric & Gas Corp. v. Persson
Appellate Division of the Supreme Court of the State of New York
Decided October 19, 1978PublishedCited by 9 opinions
1Opinion of the Court
*195OPINION OF THE COURT
Herlihy, J.
The plaintiff and defendant are owners of adjoining lots in Walton, New York. This dispute arose when the defendant placed a line of fence posts along his claimed boundary line in a way which prevented the plaintiff from using a driveway and swing around area which lies along the boundary of the two parcels and which provides access to a public street. The plaintiff asserts that its user of this area was of such a nature and duration that a prescriptive easement for ingress and egress arose. The defendant concedes that the use of the driveway for ingress and…
2Cases cited5 opinions
- Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
- Baker v. . OakwoodNew York Court of Appeals · 1890
- Moore v. DayAppellate Division of the Supreme Court of the State of New York · 1921
- Knapp v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1910
- Hildreth v. GoodellAppellate Division of the Supreme Court of the State of New York · 1955
3Cited by9 opinions
- City of Tonawanda v. Ellicott Creek Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 1982
- Fila v. AngiolilloAppellate Division of the Supreme Court of the State of New York · 1982
- Miller v. BettucciAppellate Division of the Supreme Court of the State of New York · 1982
- Denniston's Crossing, Inc. v. StateAppellate Division of the Supreme Court of the State of New York · 1980
- Tessema v. City of RochesterAppellate Division of the Supreme Court of the State of New York · 2015
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