Legal Opinion

Hullar v. Glider Oil Co.

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

Decided September 29, 1995PublishedCited by 6 opinions

1Opinion of the Court

Judgment and order unanimously affirmed with costs. Memorandum: Supreme Court properly granted plaintiff’s motion for summary judgment, determining the rights of the parties with respect to easements over plaintiffs property, holding that defendants had wrongfully encroached upon plaintiffs property by erecting two concrete islands thereon, and directing that defendants remove them.

RPAPL 871 expressly authorizes an action by the owner of *826any legal estate in land for an injunction directing the removal of a structure encroaching on such land. Whether an injunction should issue depends on all…

2Cases cited1 opinion

  1. Goodfarb v. FreedmanAppellate Division of the Supreme Court of the State of New York · 1980

3Cited by6 opinions

  1. Parry v. MurphyAppellate Division of the Supreme Court of the State of New York · 2010
  2. Marsh v. HoganAppellate Division of the Supreme Court of the State of New York · 2011
  3. Shanor Electric Supply, Inc. v. FAC Continental, LLCAppellate Division of the Supreme Court of the State of New York · 2010
  4. Robert v. KohsAppellate Division of the Supreme Court of the State of New York · 2006
  5. 231 Centre Street Associates v. Post Bros. Service Stations, Inc.Appellate Division of the Supreme Court of the State of New York · 1998

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