Legal Opinion

King's Court Restaurant, Inc. v. Hurondel I, Inc.

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

Decided September 30, 2011PublishedCited by 11 opinions

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

  1. Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
  2. City of Tonawanda v. Ellicott Creek Homeowners Ass'nAppellate Division of the Supreme Court of the State of New York · 1982
  3. Villager Construction, Inc. v. J. Kozel & Son, Inc.Appellate Division of the Supreme Court of the State of New York · 1995
  4. Anderson v. Livonia, Avon & Lakeville RailroadAppellate Division of the Supreme Court of the State of New York · 2002
  5. 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

  1. Mau v. SchuslerAppellate Division of the Supreme Court of the State of New York · 2015
  2. Young v. CrosbyAppellate Division of the Supreme Court of the State of New York · 2011
  3. Perry v. EdwardsAppellate Division of the Supreme Court of the State of New York · 2014
  4. OLIVIERI, BERNARD v. COLOSI, DDS, RUSSELL P.Appellate Division of the Supreme Court of the State of New York · 2015
  5. MAU, DONALD v. SCHUSLER, EDWARDAppellate Division of the Supreme Court of the State of New York · 2015

6 more not listed; retrieve them via the Exa API.

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