Legal Opinion

Minogue v. John Monette

Appellate Division of the Supreme Court of the State of New York

Decided February 15, 1990PublishedCited by 12 opinions

1Opinion of the Court

Casey, J. P.

Plaintiff and defendant John Monette, who are brother and sister, each inherited a home through the last will and testament of their father. Plaintiff inherited her father’s actual residence at 90 Hawthorne Avenue in the City of Albany. *844Monette inherited the contiguous parcel located at 88 Hawthorne Avenue. A blacktop driveway, approximately 10 feet wide, runs between the two houses and has been used as an entrance and exit to both homes for over 25 years. A survey made for plaintiff in January 1986, in connection with a proposed sale of her parcel, located the driveway on the…

2Cases cited4 opinions

  1. Heyman v. . BiggsNew York Court of Appeals · 1918
  2. Moody v. SunAppellate Division of the Supreme Court of the State of New York · 1987
  3. Coyne v. New York State Teachers' Retirement SystemNew York Court of Appeals · 1940
  4. Coyne v. New York State Teachers' Retirement SystemAppellate Division of the Supreme Court of the State of New York · 1939

3Cited by12 opinions

  1. U.S. Cablevision Corp. v. TheodoreuAppellate Division of the Supreme Court of the State of New York · 1993
  2. Beretz v. DiehlAppellate Division of the Supreme Court of the State of New York · 2003
  3. Four S Realty Co. v. DynkoAppellate Division of the Supreme Court of the State of New York · 1994
  4. Mobile Motivations, Inc. v. LenchesAppellate Division of the Supreme Court of the State of New York · 2006
  5. Astwood v. BachinskyAppellate Division of the Supreme Court of the State of New York · 1992

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