Legal Opinion
Heyert v. Orange & Rockland Utilities, Inc.
New York Court of Appeals
Decided June 2, 1966PublishedCited by 47 opinions
1Opinion of the CourtVan Voorhis, J.
Plaintiff, who owns property on East Willow Tree Road in the Town of Ramapo, Rockland County, sued to compel the defendant to remove a gas main installed beneath the highway and maintained under a franchise granted by the Town Board. Defendant moved for summary judgment dismissing the complaint, or, in the alternative, for an order fixing plaintiff’s damages, if any, and requiring plaintiff to convey an easement to defendant.
The Appellate Division and Special Term held that plaintiff is entitled to damages for the reason that there has been an unauthorized taking or use of her property for a…
2Cases cited32 opinions
- Hertz v. WoodmanSupreme Court of the United States · 1910
- Woods v. LancetNew York Court of Appeals · 1951
- United States v. FlannerySupreme Court of the United States · 1925
- United States v. Title Insurance & Trust Co.Supreme Court of the United States · 1924
- Schindler v. Royal Insurance Co.New York Court of Appeals · 1932
27 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
- Corsello v. Verizon New York, Inc.New York Court of Appeals · 2012
- People v. HobsonNew York Court of Appeals · 1976
- Joseph Martin, Jr., Delicatessen, Inc. v. SchumacherNew York Court of Appeals · 1981
- Holy Properties Ltd. v. Kenneth Cole Productions, Inc.New York Court of Appeals · 1995
- Fleishman v. LillyNew York Court of Appeals · 1984
42 more not listed; retrieve them via the Exa API.