Legal Opinion

Scheffield v. Vestal Parkway Plaza, LLC

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

Decided January 3, 2013Published

1Opinion of the CourtStein, J.

Appeal from an order of the Supreme Court (Tait, J.), entered June 22, 2011 in Broome County, which granted a motion by defendants BRRS Associates and Parkway Plaza, LLC to dismiss the complaint against them.

Defendant BRRS Associates and defendant Parkway Plaza, LLC (hereinafter collectively referred to as defendants) each owned adjacent parcels of land fronting on Ozalid Road in the Town of Vestal, Broome County. The parcel owned by BRRS was subject to an easement granted to New York Telephone Company. Pursuant to that easement, the telephone company constructed a communications equipment…

2Cases cited8 opinions

  1. Leon v. MartinezNew York Court of Appeals · 1994
  2. Guggenheimer v. GinzburgNew York Court of Appeals · 1977
  3. Simkin v. BlankNew York Court of Appeals · 2012
  4. Bittrolff v. Ho's Development Corp.New York Court of Appeals · 1991
  5. Lockheed Martin Corp. v. Aatlas Commerce, Inc.Appellate Division of the Supreme Court of the State of New York · 2001

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