Legal Opinion

Duckworth v. Ning Fun Chiu

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

Decided October 3, 2006PublishedCited by 15 opinions

1Opinion of the Court

In an action pursuant to RFAPL article 15, inter alia, for a judgment declaring that the plaintiffs have a prescriptive easement over property owned by the defendant, the plaintiffs appeal from a judgment of the Supreme Court, Queens County (Beldock, J.H.O.), entered February 17, 2005, which, after a nonjury trial, inter alia, dismissed the complaint and declared that the defendant is the sole owner of the subject property, free and clear of any claims or encumbrances by the plaintiffs.

Ordered that the judgment is affirmed, with costs.

“An easement by prescription is demonstrated by proof of…

2Cases cited7 opinions

  1. Coup. v. BarthAppellate Division of the Supreme Court of the State of New York · 1985
  2. Allen v. MastrianniAppellate Division of the Supreme Court of the State of New York · 2003
  3. People v. McDonaldAppellate Division of the Supreme Court of the State of New York · 1999
  4. Tarr v. DelsenerAppellate Division of the Supreme Court of the State of New York · 2005
  5. Frumkin v. ChemtopAppellate Division of the Supreme Court of the State of New York · 1998

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

3Cited by15 opinions

  1. Barra v. Norfolk Southern Railway Co.Appellate Division of the Supreme Court of the State of New York · 2010
  2. 315 Main Street Poughkeepsie, LLC v. WA 319 Main, LLCAppellate Division of the Supreme Court of the State of New York · 2009
  3. XXXX, L.P. v. 363 Prospect Place, LLCAppellate Division of the Supreme Court of the State of New York · 2017
  4. Colin Realty Co., LLC v. Manhasset Pizza, LLCAppellate Division of the Supreme Court of the State of New York · 2016
  5. Air Stream Corp. v. 3300 Lawson Corp.Appellate Division of the Supreme Court of the State of New York · 2011

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

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API