Legal Opinion

De Forrest v. Bunnie

New York Supreme Court

Decided August 13, 1951PublishedCited by 9 opinions

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

  1. Hinkley v. . State of New YorkNew York Court of Appeals · 1922
  2. Ward v. . WarrenNew York Court of Appeals · 1880
  3. Scallon v. Manhattan Railway Co.New York Court of Appeals · 1906
  4. Nicholls v. . WentworthNew York Court of Appeals · 1885
  5. Johnson v. WhelanSupreme Court of Oklahoma · 1935

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. 487 Elmwood, Inc. v. HassettAppellate Division of the Supreme Court of the State of New York · 1981
  2. Northtown, Inc. v. VivacquaAppellate Division of the Supreme Court of the State of New York · 2000
  3. Hildreth v. GoodellAppellate Division of the Supreme Court of the State of New York · 1955
  4. Brooks v. AndersonAppellate Division of the Supreme Court of the State of New York · 1981
  5. Jacobs v. LewickiNew York Supreme Court · 1960

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API