Legal Opinion

Ziankoski v. Simmons

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

Decided February 1, 1991No. Appeal No. 1PublishedCited by 3 opinions

1Opinion of the Court

Judgment unanimously affirmed with costs. Memorandum: Following trial of this action for a permanent injunction and a declaration that plaintiffs have established prescriptive easements over lands of defendants, Supreme Court dismissed the complaint.

We have reviewed the issues raised by plaintiffs on appeal *967and find them to be without merit. The trial court’s assessment of credibility must be afforded great weight (see, Matter of Liccione v John H., 65 NY2d 826, 827) and, thus viewed, we find ample support in the record for the court’s conclusion that plaintiffs failed to establish by clear…

2Cases cited7 opinions

  1. Di Leo v. Pecksto Holding Corp.New York Court of Appeals · 1952
  2. Beutler v. MaynardAppellate Division of the Supreme Court of the State of New York · 1981
  3. MATTER OF LICCIONE v. JohnNew York Court of Appeals · 1985
  4. Beutler v. MaynardNew York Court of Appeals · 1982
  5. Reiss v. MaynardAppellate Division of the Supreme Court of the State of New York · 1989

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3Cited by3 opinions

  1. Derr v. FlemingAppellate Division of the Supreme Court of the State of New York · 2013
  2. Derr v. FlemingAppellate Division of the Supreme Court of the State of New York · 2013
  3. Ziankoski v. SimmonsAppellate Division of the Supreme Court of the State of New York · 1991

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