Land & Lake Ass'n v. Conklin
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Land and Lake Association, from a judgment of the Supremé Court in favor of the defendant, entered in the office of the clerk of the county of Columbia on the 15th day of March, 1917, dismissing the complaint upon the decision of the court after a trial before the court without a jury. This appeal was transferred from the Third Department to the Fourth Department. (181 App. Div. 913.)
1Opinion of the Court
De Angelis, J.:
This appeal has come to us from the Third Judicial Department.
*547The judgment under review dismissed the complaint upon the merits. The plaintiff, claiming to be the owner of a narrow strip of land bounded southerly by Copake lake and the land extending therefrom underneath the waters of the lake to the center thereof together with the waters of the lake thereon, brought the action to restrain the defendant from committing continuous acts of alleged trespass upon such premises. The defense was that the defendant owned such premises. The sole question for our consideration is…
2Cases cited2 opinions
- Gouverneur v. National Ice Co.New York Court of Appeals · 1892
- Van Winkle v. . Van WinkleNew York Court of Appeals · 1906
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- Middle Island Land & Water Co. v. HutnerAppellate Division of the Supreme Court of the State of New York · 1940
- Mix v. TiceNew York Supreme Court · 1937
- Queen v. Clearwater Elec., Inc.District Court of Appeal of Florida · 1990
- Westlake Petrochemical Co. and Zurich American Ins. Co. v. Tmg Industrial Services, Inc.Louisiana Court of Appeal · 2003
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