Legal Opinion
Rogers v. Holmes
Appellate Division of the Supreme Court of the State of New York
Decided July 17, 1995PublishedCited by 4 opinions
1Opinion of the Court
In an action pursuant to RPAPL articles 15 and 20 for a judgment declaring that the plaintiffs have a prescriptive easement over property owned by the defendants, the defendants appeal from an order of the Supreme Court, Rockland County (Miller, J.), dated May 18, 1994, which granted the plaintiffs’ motion for summary judgment.
Ordered that the order is reversed, on the law, with costs, and the motion is denied.
The plaintiffs assert an easement by prescription over a driveway on the property of the defendant Aurelia Holmes, which Mrs. Holmes and her late husband built adjacent to a driveway on…
2Cases cited12 opinions
- Phillips v. Joseph Kantor & Co.New York Court of Appeals · 1972
- Coup. v. BarthAppellate Division of the Supreme Court of the State of New York · 1985
- Hassinger v. KlineAppellate Division of the Supreme Court of the State of New York · 1983
- Boumis v. CaetanoAppellate Division of the Supreme Court of the State of New York · 1988
- 2239 Hylan Boulevard Corp. v. SaccheriAppellate Division of the Supreme Court of the State of New York · 1992
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3Cited by4 opinions
- Gold v. BerkowitzAppellate Division of the Supreme Court of the State of New York · 1997
- Dunham v. Elite Development, Inc.Appellate Division of the Supreme Court of the State of New York · 2008
- Greencove Associates, L. L. C. v. Equistate, L. L. C.Appellate Division of the Supreme Court of the State of New York · 2000
- Grushkin v. FreudmanAppellate Division of the Supreme Court of the State of New York · 1996