Di Leo v. Pecksto Holding Corp.
New York Court of Appeals
1Opinion of the CourtFuld, J.
To expand his coal and masonry trade, Michele Di Leo in 1921 bought land in the Village of Port Chester from William Ryan Company. To get to and from his property, Di Leo and his predecessor before him, from the year 1909 at least, traveled a path, stretching north 250 feet to Westchester Avenue, over lands now owned by Pecksto Holding Corp., Waef Realty Corp. and Port Chester Lumber Company. For upwards of thirty-five years, until 1946, they so traveled without objection from anyone. While some of the owners, across whose lands the path ran, also used it “ once in a while ”, Di Leo traversed…
2Cases cited15 opinions
- Wiseman v. . LucksingerNew York Court of Appeals · 1881
- Pirman v. ConferNew York Court of Appeals · 1937
- Anthony v. Kennard Building Co.Supreme Court of Missouri · 1905
- Hammond v. . ZehnerNew York Court of Appeals · 1860
- Brooklyn Public Library v. City of New YorkNew York Court of Appeals · 1929
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3Cited by114 opinions
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- City of Tonawanda v. Ellicott Creek Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 1982
- Spiegel v. FerraroNew York Court of Appeals · 1989
- Coup. v. BarthAppellate Division of the Supreme Court of the State of New York · 1985
- Beutler v. MaynardAppellate Division of the Supreme Court of the State of New York · 1981
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