Legal Opinion

Navin v. Mosquera

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

Decided June 22, 2006PublishedCited by 19 opinions

1Opinion of the CourtKane, J.

Appeals (1) from an order of the Supreme Court (McGill, J.), entered June 8, 2005 in Clinton County, which granted defendants’ motion for, inter alia, counsel fees, and (2) from the judgment entered thereon.

The parties own adjoining land in the Town of Saranac, Clinton County. Defendants replaced a bridge leading to their landlocked parcel on the far side of a brook, with the near side connected to plaintiffs’ property over which defendants have a right-of-way. Plaintiffs commenced an RPAPL 871 action alleging that the new bridge encroached on their property. They sought an injunction…

2Cases cited3 opinions

  1. First Deposit National Bank v. Van AllenAppellate Division of the Supreme Court of the State of New York · 2000
  2. Navin v. MosqueraAppellate Division of the Supreme Court of the State of New York · 2006
  3. Citibank (South Dakota), N. A. v. AlottaAppellate Division of the Supreme Court of the State of New York · 2000

3Cited by19 opinions

  1. Matter of Czajka v. DellehuntAppellate Division of the Supreme Court of the State of New York · 2015
  2. Flanigan v. SmythAppellate Division of the Supreme Court of the State of New York · 2017
  3. Yankee Lake Preservation Ass'n v. SteinAppellate Division of the Supreme Court of the State of New York · 2009
  4. In re the Estate of BreistolAppellate Division of the Supreme Court of the State of New York · 2009
  5. Matter of Lopez v. ReyesAppellate Division of the Supreme Court of the State of New York · 2017

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