Legal Opinion
Ryan v. Posner
Appellate Division of the Supreme Court of the State of New York
Decided December 15, 2009PublishedCited by 4 opinions
1Opinion of the Court
*964Contrary to the plaintiffs’ contention, the Supreme Court properly granted that branch of the defendant’s cross motion which was for summary judgment on her first counterclaim declaring that an express easement across her property for “egress and ingress” does not grant the plaintiffs the right to enter and cross her property via a specific, disputed path. The defendant established her prima facie entitlement to judgment as a matter of law by submitting extrinsic evidence tending to show the intent of the parties to the original conveyance (see Loch Sheldrake Assoc. v Evans, 306 NY 297…
2Cases cited13 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- Loch Sheldrake Associates, Inc. v. EvansNew York Court of Appeals · 1954
- Coup. v. BarthAppellate Division of the Supreme Court of the State of New York · 1985
- Allen v. MastrianniAppellate Division of the Supreme Court of the State of New York · 2003
- 315 Main Street Poughkeepsie, LLC v. WA 319 Main, LLCAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by4 opinions
- Estate of Becker v. MurtaghAppellate Division of the Supreme Court of the State of New York · 2010
- Bolognese v. BantisAppellate Division of the Supreme Court of the State of New York · 2023
- Harriton v. DoftAppellate Division of the Supreme Court of the State of New York · 2012
- Boerum Johnson, LLC v. MarteAppellate Division of the Supreme Court of the State of New York · 2023