Andrews v. . Cohen
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 4, 1914, modifying and affirming as" modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the second judicial department, entered November 4, 1914, modifying and affirming as" modified a judgment in favor of plaintiff entered upon a decision of the court on trial at Special Term. The nature of the action and the facts, so far as material, are stated in the opinion. The plaintiff has a property right in- the right of way of which he cannot be deprived in any other way than those clearly recognized by the law without an invasion of his constitutional rights. (Wynkoop v. Burger, 12 Johns. 222; Lampman v. Milks,…
1Opinion of the CourtAndrews, J.
The Special Term has made findings, unanimously affirmed by the Appellate Division, from which it appears that as appurtenant to his property the plaintiff has acquired by grant a certain right of way over the defendant’s land; that the latter has substantially obstructed it by building and by placing posts thereon; that he has also covered a portion thereof. These acts prevent the plaintiff from using it, to his damage. He has been compelled to pass around the defendant’s building over the latter’s land, but he has never accepted this substituted right of way, nor has the defendant ever…
2Cited by26 opinions
- Lewis v. YoungNew York Court of Appeals · 1998
- In Re the Estate of HousmanNew York Court of Appeals · 1918
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- De Mayo v. Yates Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1970
- Ana Maria Sugar Co. v. QuinonesSupreme Court of the United States · 1920
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