Legal Opinion
Yauchler v. Serth
Appellate Division of the Supreme Court of the State of New York
Decided February 20, 2014PublishedCited by 4 opinions
1Opinion of the CourtMcCarthy, J.
Appeal from a judgment of the Supreme Court (Reilly Jr., J), entered August 2, 2012 in Schenectady County, which, among other things, granted defendant’s cross motion for summary judgment dismissing the complaint.
In October 2005, defendant sold plaintiff a parcel of lakefront property. In the deed, defendant reserved to himself certain rights to the use and “stewardship” of a boat launch area and agreed to assume certain responsibilities related to those rights. Plaintiff commenced this action pursuant to RPAPL article 15 seeking a declaration that defendant had forfeited his rights as to the…
2Cases cited5 opinions
- Zuckerman v. City of New YorkNew York Court of Appeals · 1980
- Pozament Corp. v. AES Westover, LLCAppellate Division of the Supreme Court of the State of New York · 2006
- Besicorp Group, Inc. v. EnowitzAppellate Division of the Supreme Court of the State of New York · 1997
- Collegetown of Ithaca, Inc. v. FriedmanAppellate Division of the Supreme Court of the State of New York · 1985
- Theodore LL. v. PhelanAppellate Division of the Supreme Court of the State of New York · 1998
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