Legal Opinion
Long Pond Ass'n v. Town of Carmel
Appellate Division of the Supreme Court of the State of New York
Decided August 2, 2011PublishedCited by 4 opinions
1Opinion of the Court
The defendant Town of Carmel established its prima facie entitlement to judgment as a matter of law on the ground that the subject roads are not town highways by use. Highway Law § 189 provides that “[a]ll lands which shall have been used by the public as a highway for the period of ten years or more, shall be a highway, with the same force and effect as if it had been duly laid out and recorded as a highway, and the town superintendent shall open all such highways to the width of at least three rods.” In order for a private road to be deemed a public highway by use, it must be “show[n] that,…
2Cases cited9 opinions
- Lanza v. WagnerNew York Court of Appeals · 1962
- Hillelson v. GroverAppellate Division of the Supreme Court of the State of New York · 1984
- State v. Town of HoriconAppellate Division of the Supreme Court of the State of New York · 2007
- Salvador v. New York State Department of TransportationAppellate Division of the Supreme Court of the State of New York · 1996
- Desotelle v. Town Board of Schuyler FallsAppellate Division of the Supreme Court of the State of New York · 2003
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Marchand v. New York State Department of Environmental ConservationNew York Court of Appeals · 2012
- Matter of Woodson v. Town of RiverheadAppellate Division of the Supreme Court of the State of New York · 2022
- Town of Santa Clara v. YanchitisAppellate Division of the Supreme Court of the State of New York · 2011
- Brandon v. Town of SoutheastAppellate Division of the Supreme Court of the State of New York · 2017