Blydenburgh v. Ely
Appellate Division of the Supreme Court of the State of New York
Cross-appeals by the plaintiff, Morgan B. Blydenburgh, and the defendant, James R. Ely, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Suffolk on the 25th day of February, 1913, upon the decision of the court after a trial before the court without a jury.
1Opinion of the Court
Carr, J.:
This is an appeal from a final judgment in an equity action, tried in the Supreme Court in Suffolk county. There are cross-appeals. The plaintiff brought the action to establish a certain right of way in his favor across lands owned by the defendant. The complaint sets forth two causes of action. The first cause of action sets up the existence of a right of way over certain described lands of the defendant as arising from a deed made and delivered in 1842 by one who was then the common source of title. It alleges an obstruction of this right of way by the defendant in violation of…
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- Jennings v. Lake Baldwin Taxpayers Ass'nAppellate Division of the Supreme Court of the State of New York · 1954
- Meyerson v. MeleNew York Supreme Court · 1962
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