Legal Opinion
Mertowski v. Werthman
Appellate Division of the Supreme Court of the State of New York
Decided November 9, 2007PublishedCited by 3 opinions
1Opinion of the Court
Appeal from an order of the Supreme Court, Erie County (Patrick H. NeMoyer, J.), entered April 7, 2006. The order, insofar as appealed from, denied defendants’ motion for summary judgment and granted summary judgment to plaintiffs on the issue of the validity of an easement agreement.
It is hereby ordered that the order so appealed from be and the same hereby is unanimously affirmed without costs.
Memorandum: Plaintiffs commenced this action seeking an order directing defendants, who own property adjoining plaintiffs’ property, to remove pipes and debris from a septic system and contaminated…
2Cases cited6 opinions
- Herman v. . RobertsNew York Court of Appeals · 1890
- Hopper v. FrieryAppellate Division of the Supreme Court of the State of New York · 1999
- Ledley v. D.J. & N.A. Management, Ltd.Appellate Division of the Supreme Court of the State of New York · 1996
- Banach v. Home Gas Co.Appellate Division of the Supreme Court of the State of New York · 1961
- Morgan v. Bolsan Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1975
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3Cited by3 opinions
- HOLST, WILLIAM M. v. LIBERATORE, VICTORAppellate Division of the Supreme Court of the State of New York · 2014
- Rivera-Ortiz v. CookAppellate Division of the Supreme Court of the State of New York · 2024
- Rivera-Ortiz v. CookAppellate Division of the Supreme Court of the State of New York · 2024