Legal Opinion

City of Port Jervis v. Har-Tom, Ltd.-III, L. L. C.

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

Decided October 22, 2001Published

1Opinion of the Court

—In an action, inter alia, for a judgment declaring the existence of an easement over stated portions of the defendant’s real property in favor of the plaintiff for the purpose of accessing and maintaining a water system, the defendant appeals from a judgment of the Supreme Court, Orange County (Peter C. Patsalos, J.), dated June 26, 2000, which after a nonjury trial, inter alia, made the declaration.

Ordered that the judgment is affirmed, with costs.

Contrary to the defendant’s contention, the Supreme Court properly found the existence of a common-law dedication which caused the plaintiff to…

2Cases cited3 opinions

  1. Winston v. Village of ScarsdaleAppellate Division of the Supreme Court of the State of New York · 1991
  2. McDermott v. Town of GoshenAppellate Division of the Supreme Court of the State of New York · 1994
  3. Zebrowski v. Trustees of BrookhavenAppellate Division of the Supreme Court of the State of New York · 1987

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