Legal Opinion

Rackowski v. Araya

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

Decided July 6, 2017No. 522005PublishedCited by 3 opinions

1Opinion of the CourtRose, J.

Appeal from an order of the County Court of Fulton County (Hoye, J.), entered March 17, 2015, which affirmed a judgment of the City Court of the City of Gloversville in favor of defendants.

In 2005, defendants commenced an action pursuant to RPAPL article 15 to extinguish the right-of-way of plaintiff and one of his family members over Bertrand Road Extended in the Town of Mayfield, Fulton County. Plaintiff answered and stated a counterclaim alleging that defendants had interfered with his family’s use of the right-of-way. After defendants failed to pursue the action, Supreme Court (Aulisi,…

2Cases cited10 opinions

  1. O'Brien v. City of SyracuseNew York Court of Appeals · 1981
  2. MATTER OF JOSEY v. GoordNew York Court of Appeals · 2007
  3. Henry Modell & Co. v. MinisterNew York Court of Appeals · 1986
  4. Classic Automobiles, Inc. v. Oxford Resources Corp.Appellate Division of the Supreme Court of the State of New York · 1994
  5. 67-25 Dartmouth Street Corp. v. SyllmanAppellate Division of the Supreme Court of the State of New York · 2006

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3Cited by3 opinions

  1. Congregation Machne Ger v. BerlinerAppellate Division of the Supreme Court of the State of New York · 2022
  2. Borisovski v. LamarreAppellate Terms of the Supreme Court of New York · 2020
  3. Vince's Pizza Plus, Inc. v. Dion DeFedericisAppellate Division of the Supreme Court of the State of New York · 2026

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