Legal Opinion
Smith v. Town of Sandy Creek
New York Supreme Court
Decided July 9, 1958PublishedCited by 5 opinions
1Opinion of the CourtFeane Del Yecchiq, J.
This is an action for a judgment declaring that plaintiffs are the owners in fee of a certain disputed area in the town of Sandy Creek, New York, free from any right of way thereon claimed by the defendant.
The land in question is located on the cast shore of Lake Ontario and has come to plaintiffs through a warranty deed executed November 8, 1950 by J. Bonald Munroe. Defendant town does not question the fee title of plaintiffs or of their predecessors but claims that the land is subject to a right of way for road and/or highway purposes which is 49.5 feet wide and extends a distance of more…
2Cases cited20 opinions
- Speir v. . Town of New UtrechtNew York Court of Appeals · 1890
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Driggs v. . PhillipsNew York Court of Appeals · 1886
- Cook v. . HarrisNew York Court of Appeals · 1875
- People v. SutherlandNew York Court of Appeals · 1929
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3Cited by5 opinions
- Stupnicki v. Southern New York Fish & Game Ass'nNew York Supreme Court · 1962
- Perlmutter v. Four Star Development AssociatesAppellate Division of the Supreme Court of the State of New York · 2007
- Hewitt v. Town of ScipioAppellate Division of the Supreme Court of the State of New York · 1969
- Hallenbeck v. StateNew York Court of Claims · 1969
- Opn. No., New York Attorney General Reports1981