Legal Opinion
Holland v. Superintendent of Highways
New York Supreme Court
Decided April 3, 1973PublishedCited by 2 opinions
1Opinion of the CourtBertram Harnett, J.
Eugene W. Holland owns property in Smithtown, New York, bordering to the east on a plot of land about 50 feet wide sometimes known as the “ Old Smith-town to St. Johnsland Road”. In this declaratory judgment action brought against the Town of Smithtown and its Superintendent of Highways, Mr. Holland now seeks, by summary judgment motion, a declaration that he owns the westerly one half of the land by virtue of State and town abandonment of *852it. Defendants move to dismiss pursuant to CPLR 3211 (subd. [a], par, 10).
Despite some minor disputation, the parties essentially agree that the subject…
2Cases cited5 opinions
- Barnes v. Midland Railroad Terminal Co.New York Court of Appeals · 1916
- Town of Leray v. New York Central RailroadNew York Court of Appeals · 1919
- People ex rel. De Groat v. MarletteAppellate Division of the Supreme Court of the State of New York · 1904
- Stupnicki v. Southern New York Fish & Game Ass'nNew York Supreme Court · 1962
- Hallenbeck v. StateNew York Court of Claims · 1969
3Cited by2 opinions
- Smigel v. Town of RensselaervilleAppellate Division of the Supreme Court of the State of New York · 2001
- O'Leary v. Town of TrentonNew York Supreme Court · 1997