Legal Opinion

Koff v. Frank

New York Supreme Court

Decided November 10, 1959PublishedCited by 7 opinions

1Opinion of the CourtFbank A. Gulotta, J.

Plaintiff conducts an 1‘ Associated Food Market” at certain premises owned by him in East Atlantic Beach, New York. The parcel is bounded on the north by Beech Street, on the west by Brookline Avenue, and on the east, he alleges, by Nevada Avenue. Defendants, on the other hand, claiming the westerly half of Nevada Avenue adjoining plaintiff’s premises is not a public street but private property to which they have title, and objecting to his use thereof for loading and unloading huge trucks, have erected a fence four feet high in this disputed strip, beginning at a point about 25 feet south of…

2Cases cited17 opinions

  1. Trustees of Watertown v. Cowen & BaggNew York Court of Chancery · 1834
  2. Bissell v. . the New York Central R.R. CompanyNew York Court of Appeals · 1861
  3. Lord v. . AtkinsNew York Court of Appeals · 1893
  4. People v. . UnderhillNew York Court of Appeals · 1895
  5. Niagara Falls Suspension Bridge Co. v. BachmanNew York Court of Appeals · 1876

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3Cited by7 opinions

  1. In Re Minor Subdivision Plot Approval 88-340 for RobinsonSupreme Court of Vermont · 1991
  2. Di Lucia v. Town Board of WestfordAppellate Division of the Supreme Court of the State of New York · 1990
  3. Hering v. Town of CanandaiguaNew York Supreme Court · 1966
  4. Hecht v. LaunerNew York Supreme Court · 1961
  5. Sargent v. Brunner Housing Corp.New York Supreme Court · 1967

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