Legal Opinion

Filby v. Brooks

New York Court of Appeals

Decided October 8, 1985PublishedCited by 15 opinions

1Opinion of the Court

OPINION OF THE COURT

Memorandum.

The order of the Appellate Division should be affirmed, with costs.

This dispute among neighbors concerns an easement contained in plaintiff’s deed, which gives her a right of ingress and egress over Flower Hill Road. Plaintiff seeks an injunction requiring defendants to remove a barrier from its new location on Flower Hill Road and restore it to its original location on Flower Hill Road. Whatever rights defendants may have acquired to the easement by adverse possession, based on the long-continued existence of a barrier at one location on Flower Hill Road (see,…

2Cases cited2 opinions

  1. Belotti v. . BickhardtNew York Court of Appeals · 1920
  2. Brand v. PrinceNew York Court of Appeals · 1974

3Cited by15 opinions

  1. Spiegel v. FerraroNew York Court of Appeals · 1989
  2. Green v. MannAppellate Division of the Supreme Court of the State of New York · 1997
  3. Spier v. HorowitzAppellate Division of the Supreme Court of the State of New York · 2005
  4. Gold v. Di CerboAppellate Division of the Supreme Court of the State of New York · 2007
  5. Foti v. NoftsierAppellate Division of the Supreme Court of the State of New York · 2010

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