King's Court Restaurant, Inc. v. Hurondel I, Inc.
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Memorandum:
Plaintiff commenced this action seeking a declaration that it has obtained title by adverse possession and/or easement by prescription over a portion of defendant’s property that is adjacent to plaintiffs property. Supreme Court erred in denying defendant’s motion for summary judgment dismissing the complaint and for a declaratory judgment on its counterclaim to quiet title. We therefore reverse.
In cases involving title by adverse possession and/or easement by prescription, an established record owner of the disputed property is “entitled to summary judgment unless the [opposing…
2Cases cited6 opinions
- Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
- City of Tonawanda v. Ellicott Creek Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 1982
- Villager Construction, Inc. v. J. Kozel & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
- Anderson v. Livonia, Avon & Lakeville RailroadAppellate Division of the Supreme Court of the State of New York · 2002
- Dekdebrun v. KaneAppellate Division of the Supreme Court of the State of New York · 2011
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
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- Young v. CrosbyAppellate Division of the Supreme Court of the State of New York · 2011
- Perry v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2014
- OLIVIERI, BERNARD v. COLOSI, DDS, RUSSELL P.Appellate Division of the Supreme Court of the State of New York · 2015
- MAU, DONALD v. SCHUSLER, EDWARDAppellate Division of the Supreme Court of the State of New York · 2015
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