Legal Opinion

Phillips v. Iadarola

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

Decided February 24, 2011PublishedCited by 7 opinions

1Opinion of the CourtMalone Jr., J.

Appeal from an order of the Supreme Court (Connolly, J.), entered November 19, 2009 in Ulster County, which, among other things, denied plaintiffs’ cross motion for partial summary judgment declaring that the installation of certain underground utility lines by defendant Lorrie Place was unlawful.

Defendant Lorrie Place owns a landlocked parcel of property that enjoys a 20-foot-wide deeded easement for a right-of-way over plaintiffs’ respective adjoining parcels in order to access a public road. After Place installed below-surface utility lines in the right-of-way as necessary to complete the…

2Cases cited5 opinions

  1. Hopper v. FrieryAppellate Division of the Supreme Court of the State of New York · 1999
  2. U.S. Cablevision Corp. v. TheodoreuAppellate Division of the Supreme Court of the State of New York · 1993
  3. Albright v. DaveyAppellate Division of the Supreme Court of the State of New York · 2009
  4. Hudson Valley Cablevision Corp. v. 202 Developers, Inc.Appellate Division of the Supreme Court of the State of New York · 1992
  5. Morgan v. Bolsan Realty Corp.Appellate Division of the Supreme Court of the State of New York · 1975

3Cited by7 opinions

  1. Northwood Sch., Inc. v. FletcherAppellate Division of the Supreme Court of the State of New York · 2021
  2. Shelmerdine v. MyersAppellate Division of the Supreme Court of the State of New York · 2016
  3. Davi v. OcchinoAppellate Division of the Supreme Court of the State of New York · 2011
  4. Basile v. RoseAppellate Division of the Supreme Court of the State of New York · 2015
  5. Basile v. RoseAppellate Division of the Supreme Court of the State of New York · 2015

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