De Forrest v. Bunnie
New York Supreme Court
1Opinion of the CourtSeaeb, J.
The present discussion relates to what may be considered “hostility” as a necessary factor in obtaining a prescriptive right to use a neighbor’s premises.
Plaintiffs, husband and wife, on April 1, 1946, acquired title to a one-family house on a lot forty feet in width on the westerly *9side of Benwick Avenue, in the village of Herkimer, New York. Their predecessors in title, James W. Cogovan and wife, acquired title to these premises on April 1, 1920.
A similar adjoining lot to the north, on which also stood a one-family house, was purchased by defendant. His deed was dated June 2,1917, and…
2Cases cited12 opinions
- Hinkley v. . State of New YorkNew York Court of Appeals · 1922
- Ward v. . WarrenNew York Court of Appeals · 1880
- Scallon v. Manhattan Railway Co.New York Court of Appeals · 1906
- Nicholls v. . WentworthNew York Court of Appeals · 1885
- Johnson v. WhelanSupreme Court of Oklahoma · 1935
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3Cited by9 opinions
- 487 Elmwood, Inc. v. HassettAppellate Division of the Supreme Court of the State of New York · 1981
- Northtown, Inc. v. VivacquaAppellate Division of the Supreme Court of the State of New York · 2000
- Hildreth v. GoodellAppellate Division of the Supreme Court of the State of New York · 1955
- Brooks v. AndersonAppellate Division of the Supreme Court of the State of New York · 1981
- Jacobs v. LewickiNew York Supreme Court · 1960
4 more not listed; retrieve them via the Exa API.