Legal Opinion

Banach v. Home Gas Co.

New York Supreme Court

Decided April 18, 1960PublishedCited by 1 opinion

1Opinion of the Court

John C. Wheeler, Off. Ref.

The plaintiff in this action is seeking injunctive relief and damages arising out of defendant’s alleged trespass in constructing a pipeline for gas across plaintiff’s lands.

The material facts are not in dispute. Defendant’s predecessor in title, Belmont Quadrangle Drilling Corporation (hereinafter referred to as Belmont) on or about December 3, 1930, became the owner in fee of a 101-acre parcel of land, the subject of this litigation, situate in the Town of Tyrone, Schuyler County. Thereafter and on or about July 28, 1931, Belmont conveyed by warranty deed said…

2Cases cited8 opinions

  1. Marvin v. . Brewster Iron Mining Co.New York Court of Appeals · 1874
  2. Adirondack Power & Light Corp. v. EvansAppellate Division of the Supreme Court of the State of New York · 1929
  3. Saratoga State Waters Corp. v. . PrattNew York Court of Appeals · 1920
  4. Matter of City of N.Y. (Realty Associates)New York Court of Appeals · 1931
  5. Mathews Slate Co. v. Advance Industrial Supply Co.Appellate Division of the Supreme Court of the State of New York · 1918

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3Cited by1 opinion

  1. Estate of Thomson v. WadeAppellate Division of the Supreme Court of the State of New York · 1986

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