Legal Opinion

Clayton v. Whitton

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

Decided November 27, 1996PublishedCited by 4 opinions

1Opinion of the Court

Yesawich Jr., J. Appeal from an order of the Supreme Court (Ferradino, J.), entered July 18, 1995 in Saratoga County, which granted plaintiffs’ motion for a preliminary injunction.

Plaintiffs and defendants own properties on Ballston Lake in the Town of Ballston, Saratoga County. Since 1966, when plaintiff Bernice Clayton and her brother took title to the prop*829erty currently owned by plaintiffs, she has reached that property—which has no other means of overland access—by a roadway passing over the parcels owned by defendants. After a dispute arose between the parties, defendant John P. Whitton…

2Cases cited8 opinions

  1. W. T. Grant Co. v. SrogiNew York Court of Appeals · 1981
  2. Poling Transportation Corp. v. A & P Tanker Corp.Appellate Division of the Supreme Court of the State of New York · 1981
  3. Slater v. WardAppellate Division of the Supreme Court of the State of New York · 1983
  4. Miller v. RauAppellate Division of the Supreme Court of the State of New York · 1993
  5. Town of Ulster v. MassaAppellate Division of the Supreme Court of the State of New York · 1988

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3Cited by4 opinions

  1. Estate Court, LLC v. SchnallAppellate Division of the Supreme Court of the State of New York · 2008
  2. Rosen v. MosbyAppellate Division of the Supreme Court of the State of New York · 2017
  3. Waldron v. HoffmanAppellate Division of the Supreme Court of the State of New York · 2015
  4. Rosen v. MosbyAppellate Division of the Supreme Court of the State of New York · 2017

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