Legal Opinion

Simmons v. Abbondandolo

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

Decided June 11, 1992PublishedCited by 10 opinions

1Opinion of the CourtMercure, J.

Appeal from an order of the Supreme Court (Mugglin, J.), entered March 4, 1991 in Delaware County, which, inter alia, denied plaintiff’s motion for summary judgment.

By deed dated November 15, 1980, plaintiff and his wife conveyed a portion of a parcel of real property which they owned on State Route 23 in the Town of Harpersfield, Delaware County, to defendants. Of greatest interest here is the deed’s reservation of a right-of-way over an existing driveway providing a means of access to the property retained by plaintiff and his wife. The specific language of the reservation follows:…

2Cases cited5 opinions

  1. Trustees of Freeholders & Commonalty v. JessupNew York Court of Appeals · 1900
  2. Yager Pontiac, Inc. v. Fred A. Danker & Sons, Inc.Appellate Division of the Supreme Court of the State of New York · 1973
  3. Yager Pontiac, Inc. v. Fred A. Danker & Sons, Inc.New York Court of Appeals · 1974
  4. Yager Pontiac, Inc. v. Fred A. Danker & Sons, Inc.New York Supreme Court · 1972
  5. Cioppa v. TurriNew York Supreme Court · 1971

3Cited by10 opinions

  1. Dore v. WormleyDistrict Court, S.D. New York · 2010
  2. Henry v. MalenAppellate Division of the Supreme Court of the State of New York · 1999
  3. State v. JohnsonAppellate Division of the Supreme Court of the State of New York · 2007
  4. In Re MJ & K. Co., Inc.United States Bankruptcy Court, S.D. New York · 1993
  5. FHR TB, LLC v. TB Isle Resort, LP.District Court, S.D. Florida · 2011

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