Legal Opinion

Janian v. Barnes

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

Decided May 23, 2002PublishedCited by 9 opinions

1Opinion of the CourtRose, J.

Appeal from an order of the Supreme Court (O’Shea, J.), entered October 29, 2001 in Tioga County, which, inter alia, dismissed defendant’s affirmative defenses.

This declaratory judgment action to resolve the disputed ownership of an unwanted dam site was previously before us on plaintiffs’ appeal of Supreme Court’s declaration that they are the owners of the property (284 AD2d 717). Finding an issue of fact precluding a summary declaration of ownership, this Court reversed and remitted the matter. On remittal, Supreme Court examined and dismissed defendant’s remaining defenses of fraud, lack…

2Cases cited22 opinions

  1. Apfel v. Prudential-Bache Securities Inc.New York Court of Appeals · 1993
  2. Spaulding v. BenenatiNew York Court of Appeals · 1982
  3. Voorheesville Rod & Gun Club, Inc. v. E. W. Tompkins Co.New York Court of Appeals · 1993
  4. General Electric Technical Services Co. v. ClintonAppellate Division of the Supreme Court of the State of New York · 1991
  5. Pollak v. StateNew York Court of Appeals · 1977

17 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Ketchuck v. Town of OwegoAppellate Division of the Supreme Court of the State of New York · 2010
  2. Dube-Forman v. D'AgostinoAppellate Division of the Supreme Court of the State of New York · 2009
  3. Von Bing v. MangioneAppellate Division of the Supreme Court of the State of New York · 2003
  4. General Motors Acceptance Corp. v. Anthony J. Minervini, Inc.Appellate Division of the Supreme Court of the State of New York · 2003
  5. Wilmington Sav. Fund Socy. FSB v. DelibertoAppellate Division of the Supreme Court of the State of New York · 2020

4 more not listed; retrieve them via the Exa API.

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