Legal Opinion

Stiles v. Graves

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

Decided October 27, 2016No. 522056PublishedCited by 6 opinions

1Opinion of the Court

McCarthy, J.P.

Appeal from an order of the Supreme Court (Krogmann, J.), entered February 2, 2015 in Washington *1216County, which, among other things, after a nonjury trial, dismissed the complaint without prejudice.

In November 2002, plaintiff commenced this action pursuant to RPAPL 871 seeking the removal of a barrier installed by defendants that plaintiff alleged impeded the use of a right-of-way to which he had an easement. Approximately seven years later, in November 2009, a nonjury trial was held. More than five years after the close of proof in the trial, in early 2015, Supreme Court issued…

2Cases cited6 opinions

  1. Gramatan Home Investors Corp. v. LopezNew York Court of Appeals · 1979
  2. Reilly v. ReidNew York Court of Appeals · 1978
  3. In Re the Estate of HunterNew York Court of Appeals · 2005
  4. Coleman v. ColemanAppellate Division of the Supreme Court of the State of New York · 2003
  5. City of New York v. Caristo Construction Corp.New York Court of Appeals · 1984

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3Cited by6 opinions

  1. Coughlin v. CoughlinAppellate Division of the Supreme Court of the State of New York · 2017
  2. Matter of Brian W. v. Mary X.Appellate Division of the Supreme Court of the State of New York · 2021
  3. 114 Woodbury Realty, LLC v. 10 Bethpage Rd., LLCAppellate Division of the Supreme Court of the State of New York · 2019
  4. Coughlin v. CoughlinAppellate Division of the Supreme Court of the State of New York · 2017
  5. Herrmann v. Bank of Am., N.A.Appellate Division of the Supreme Court of the State of New York · 2019

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