Legal Opinion
Schoenfeld v. Chapman
New York Supreme Court
Decided December 28, 1950PublishedCited by 1 opinion
1Opinion of the CourtColden, J.
This is an action instituted under the provisions of section 539 of the Beal Property Law. Its purpose is to compel the removal of nine cottages maintained by the defendants or some of them on a parcel of beach land at Fire Island, New York, and to recover resulting damages. The defendants or their predecessors erected these dwellings apparently in the belief that the lands were of public or unknown ownership which they were free to enter upon and appropriate. Section 539 provides as follows: “ § 539. Action for the removal of encroaching structures.
“ 1. An action may be'maintained by the…
2Cases cited24 opinions
- Pollitz v. . Wabash R.R. Co.New York Court of Appeals · 1912
- Belotti v. . BickhardtNew York Court of Appeals · 1920
- Marcus v. Village of MamaroneckNew York Court of Appeals · 1940
- Crary v. . GoodmanNew York Court of Appeals · 1860
- Cox v. . StokesNew York Court of Appeals · 1898
19 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Castle Associates v. SchwartzAppellate Division of the Supreme Court of the State of New York · 1978