Legal Opinion
Cordua v. Guggenheim
New York Court of Appeals
Decided April 27, 1937PublishedCited by 24 opinions
1Opinion of the CourtFinch, J.
This is an action for a declaratory judgment and a permanent injunction to preserve a right of way from the property of the plaintiffs to the shore of Long Island Sound. Special Term dismissed the complaint without leave to amend, upon a motion based only on the complaint and the bill of particulars. It was not contended that the allegations of the complaint were insufficient, but that as a matter of law they were shown to be untrue by the documents attached thereto and the bill of particulars. The Appellate Division has unanimously affirmed. The appeal is by permission of this court.
The…
2Cases cited4 opinions
- Herman v. . RobertsNew York Court of Appeals · 1890
- Wilson v. . FordNew York Court of Appeals · 1913
- Coleman v. Manhattan Beach Improvement Co.New York Court of Appeals · 1883
- Mullen v. . WashburnNew York Court of Appeals · 1918
3Cited by24 opinions
- Schweitzer v. HeppnerAppellate Division of the Supreme Court of the State of New York · 1995
- Town of Brookhaven v. DinosAppellate Division of the Supreme Court of the State of New York · 1980
- Margetin v. JewettAppellate Division of the Supreme Court of the State of New York · 2010
- Summit Lake Associates, Inc. v. JohnsonAppellate Division of the Supreme Court of the State of New York · 1990
- Malin v. WardAppellate Division of the Supreme Court of the State of New York · 1964
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