Legal Opinion
Cottrell v. Hermon
Appellate Division of the Supreme Court of the State of New York
Decided February 28, 1991PublishedCited by 18 opinions
1Opinion of the CourtLevine, J.
Appeal from that part of an order of the Supreme Court (Brown, J.), entered April 24, 1990 in Saratoga County, which denied defendant’s motion for summary judgment dismissing the complaint.
Plaintiff and defendant are the owners of adjoining townhouses located on Haystack Road in the Town of Clifton Park, Saratoga County. Plaintiff’s townhouse is set back 13 feet farther from the road than is defendant’s townhouse and it is approximately lVi feet lower in elevation. A 13-foot rear portion of plaintiff’s home which abuts defendant’s property is aligned with defendant’s backyard concrete patio.…
2Cases cited4 opinions
- Kossoff v. Rathgeb-Walsh, Inc.New York Court of Appeals · 1958
- Musumeci v. StateAppellate Division of the Supreme Court of the State of New York · 1974
- Archambault v. KnostAppellate Division of the Supreme Court of the State of New York · 1987
- Theofilatos v. KoleciAppellate Division of the Supreme Court of the State of New York · 1984
3Cited by18 opinions
- Cameron v. USAA Property & Casualty InsuranceDistrict of Columbia Court of Appeals · 1999
- Smith v. Town of Long LakeAppellate Division of the Supreme Court of the State of New York · 2007
- Cotton v. BeamesAppellate Division of the Supreme Court of the State of New York · 2010
- Marrero v. MarsicoAppellate Division of the Supreme Court of the State of New York · 1996
- Langdon v. Town of WebsterAppellate Division of the Supreme Court of the State of New York · 1997
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