Legal Opinion
Hamilton v. Kennedy
Appellate Division of the Supreme Court of the State of New York
Decided December 6, 1990PublishedCited by 5 opinions
1Opinion of the CourtMikoll, J.
Appeal from a judgment of the Supreme Court (Hughes, J.), entered June 16, 1989 in Schoharie County, upon a decision of the court, without a jury, in favor of plaintiffs.
The issues involved herein are whether Supreme Court was correct in holding (1) that defendant failed to establish a right to an easement by prescription as to a portion of a town road in the Town of Middleburgh, Schoharie County, since he failed to show that parcels owned by plaintiffs and defendant came from a common grantor, and (2) that defendant failed to establish that his use of the road prior to 1985 was hostile.
In…
2Cases cited6 opinions
- Coup. v. BarthAppellate Division of the Supreme Court of the State of New York · 1985
- Slater v. WardAppellate Division of the Supreme Court of the State of New York · 1983
- Colpits v. Cascade Valley Land Corp.Appellate Division of the Supreme Court of the State of New York · 1988
- Fila v. AngiolilloAppellate Division of the Supreme Court of the State of New York · 1982
- Merriam v. 352 West 42nd Street Corp.Appellate Division of the Supreme Court of the State of New York · 1961
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3Cited by5 opinions
- Wechsler v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 1993
- Miller v. RauAppellate Division of the Supreme Court of the State of New York · 1993
- Bova v. VinciguerraAppellate Division of the Supreme Court of the State of New York · 1992
- Posnick v. HerdAppellate Division of the Supreme Court of the State of New York · 1997
- Mastbeth v. ShielAppellate Division of the Supreme Court of the State of New York · 2023