Legal Opinion
Tarolli v. Westvale Genesee, Inc.
New York Court of Appeals
Decided May 21, 1959PublishedCited by 12 opinions
1Opinion of the CourtDesmond, J.
A summary of the proof in this case is to be found in the dissenting opinion at the Appellate Division (6 A D 2d 848) and need not be repeated here. There was strong evidentiary support for the affirmed finding of fact that the parties in the 1954 transaction did not intend that the vendees should acquire thereby a right of way easement as to the private road or lane in dispute. We, therefore, deal with the assertion of those vendees that as matter of law such an easement was implied. The principal reliance of appellants is on the description of the westerly boundary as running “ along the…
2Cases cited11 opinions
- In the Matter of Opening Eleventh AvenueNew York Court of Appeals · 1880
- Matter of City of N.Y. (Northern Blvd.)New York Court of Appeals · 1932
- King v. . Mayor, Etc., of N.Y.New York Court of Appeals · 1886
- Wiggins v. . McClearyNew York Court of Appeals · 1872
- Erit Realty Corp. v. Sea Gate Assn.New York Court of Appeals · 1932
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- United States v. John v. O'COnnell and Jopat Realty CorporationCourt of Appeals for the Second Circuit · 1974
- Palma v. MastroianniAppellate Division of the Supreme Court of the State of New York · 2000
- B.J. 96 Corp. v. MesterAppellate Division of the Supreme Court of the State of New York · 1995
- Cashman v. ShutterAppellate Division of the Supreme Court of the State of New York · 1996
- Glennon v. MayoAppellate Division of the Supreme Court of the State of New York · 1995
7 more not listed; retrieve them via the Exa API.