Legal Opinion
Dutcher v. Allen
Appellate Division of the Supreme Court of the State of New York
Decided March 29, 2012PublishedCited by 4 opinions
1Opinion of the CourtStein, J.
Appeal from an order of the Supreme Court (Ferradino, J.), entered January 27, 2011 in Saratoga County, which denied defendant’s cross motion for summary judgment dismissing the complaint.
Plaintiffs and defendant own adjacent parcels of land (hereinafter lot 8 and lot 7, respectively). Defendant obtained lot 7 in 1989 by deed from her parents, who had purchased the lot from Florence Holton in 1938. In the 1938 conveyance, Holton “reserve[d] the right to the westerly twenty-five (25) feet of said [lot 7] as a roadway from the unnamed road on North to [lot 8].” The deed further specified that…
2Cases cited14 opinions
- Gerbig v. ZumpanoNew York Court of Appeals · 1960
- Spiegel v. FerraroNew York Court of Appeals · 1989
- Will v. GatesNew York Court of Appeals · 1997
- Brighton Investment, Ltd. v. Har-ZviAppellate Division of the Supreme Court of the State of New York · 2011
- Dickson v. SlezakAppellate Division of the Supreme Court of the State of New York · 2010
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3Cited by4 opinions
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- Reilly v. AchitoffAppellate Division of the Supreme Court of the State of New York · 2016
- Rosen v. MosbyAppellate Division of the Supreme Court of the State of New York · 2017