Legal Opinion
Montfort v. Benedict
Appellate Division of the Supreme Court of the State of New York
Decided December 30, 1993PublishedCited by 3 opinions
1Opinion of the CourtWeiss, P. J.
Appeals (1) from an order of the Supreme Court (Tait, Jr., J.), entered August 13, 1992 in Madison County, which, inter alia, partially granted plaintiff’s motion for summary judgment, and (2) from the judgment entered thereon.
The issues in this appeal focus upon the validity of easements which provide plaintiff with a right-of-way over defendants’ land to a public highway and to a beach on defendants’ property. The three causes of action in the complaint in this action under RPAPL article 15 allege easements by prescription, implication and grant.
The facts briefly stated are that in 1943,…
2Cases cited6 opinions
- Donahue v. . State of New YorkNew York Court of Appeals · 1889
- Allen v. CrossAppellate Division of the Supreme Court of the State of New York · 1978
- In re City of New YorkAppellate Division of the Supreme Court of the State of New York · 1979
- Iulucci v. James H. Maloy, Inc.Appellate Division of the Supreme Court of the State of New York · 1993
- Smith v. PeopleAppellate Division of the Supreme Court of the State of New York · 1959
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3Cited by3 opinions
- Monthie v. Boyle Road Associates, L. L. C.Appellate Division of the Supreme Court of the State of New York · 2001
- Spencer v. ConnollyAppellate Division of the Supreme Court of the State of New York · 2006
- Albany Parking Services, Inc. v. City of AlbanyAppellate Division of the Supreme Court of the State of New York · 2004