Legal Opinion
Ciarelli v. Lynch
Appellate Division of the Supreme Court of the State of New York
Decided January 7, 2010PublishedCited by 3 opinions
1Opinion of the Court
Mercure, J.E
This appeal marks the third occasion that the present action has been before us, and the underlying facts are more fully set out in our prior decisions (Ciarelli v Lynch, 46 AD3d 1039 [2007]; Ciarelli v Lynch, 22 AD3d 987 [2005]). Briefly put, this action involves a dispute as to whether defendants are entitled to use a road that traverses property owned by plaintiffs in the Town of Gilboa, Schoharie County. Defendants assert that the road is a public highway or, in the alternative, that they have an easement over it.
A trial was held in the matter and, upon the initial appeal, we…
2Cases cited15 opinions
- Sun Printing & Publishing Ass'n v. Mayor of New YorkNew York Court of Appeals · 1897
- People v. County of WestchesterNew York Court of Appeals · 1940
- City of Cohoes v. President of the Delaware & Hudson Canal Co.New York Court of Appeals · 1892
- Town of Leray v. New York Central RailroadNew York Court of Appeals · 1919
- Haber v. GutmannAppellate Division of the Supreme Court of the State of New York · 2009
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3Cited by3 opinions
- Matter of Fernandez v. Town of BensonAppellate Division of the Supreme Court of the State of New York · 2021
- Dandomar Co., LLC v. Town of Pleasant Val. Town Bd.Appellate Division of the Supreme Court of the State of New York · 2016
- Marchand v. New York State Department of Environmental ConservationAppellate Division of the Supreme Court of the State of New York · 2011